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Home My WebLink AboutSEPTEMBER 15, 1986 I I I I Cit.:>r c:>r Vi1~gi1~ia I3eEl.cl~ "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR ROBERT G. JONES, At Large 'vICE MAYOR MEYERA E. OBERNOORF, At Large ALBERT W. BALKO, Lynnhaven &rough JOHN A. BAUM, Blackwater &rough ROBERT E. FENTRESS, Virgmia Beach &rough ~IAROLD HEISCHOBER, At Large BARBARA M. HENLEY, Pungo &rough REBA S. McCLANAN, Princess Anne &rough fOHN D. MOSS, Kempsville &rough NANCY K. PARKER, At Large l' JHN L PERRY, Bayside &rough RUTH HODGES SMITH, CMC, City Clerk CITY COUNCIL AGENDA 281 CITY HALL BUILDING MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456-9002 (804) 427-4303 September 15, 1986 VIRGINIA BEACH CITY COUNCIL ITEM 1. INFORMAL SESSION: VIRGINIA BEACH CITY COUNCIL - Conference Room - 12:30 PM A. CALL TO ORDER - Mayor Robert G. Jones B. ROLL CALL OF COUNCIL C. CONCERNS OF CITY COUNCIL D. CITY MANAGER'S INFORMAL BRIEFINGS 1. MUNICIPAL GRANTS - End of Year Report Hector Rivera, Assistant City Manager for Human Services 2. COMPREHENSIVE ZONING ORDINANCE AMENDMENTS (Signs) Robert J. Scott, Director of Planning E. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM II. FORMAL SESSION: VIRGINIA BEACH CITY COUNCIL - Council Chambers - 2:00 PM A. INVOCATION: Reverend Joseph Green Grace Episcopal Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. ADOPTION OF ITEMS FOR THE FORMAL AGENDA E. MINUTES 1. Approval of City Council Minutes: a. Informal/Formal Session of September 8, 1986 b. Recessed Formal Session of September 8 on September 11, 1986 F. PUBLIC HEARING 1 . PLANNING a. Application of Lakeside Construction Corporation for the discontinuance, closure and abandonment of a portion of Painter's Lane beginning 100 feet north of Sandbridge Road and running in a northeasterly direction to the southern boundary or proposed Ferrell Parkway, containing 3.672 acres (Princess Anne Borough). Recommendation: APPROVAL of 60-Day Extension b. RECONSIDERATION of the application of Claudine S. Camper for a Conditional Use Permit for an automobile repair center on the north side of Laskin Road, 152.54 feet west of First Colonial Road, (1724 Laskin Road), containing 19,115 square feet (Lynnhaven Borough). Recommendation: DENIAL DEFERRED September by City Council August 11 and 18, 1986 and 8, 1986, City Council action lost to Tie Vote. on c. RECONSIDERATION of Classification of Parcels Nos. 70, 178, 186, and 187 owned by Johnnie R. and Page B. Hartley, Seaboard Road Area, south of the GREEN LINE, as delineated August 26, 1986. d. Application of Dennis P. Murtland for a Conditional Use Permit for Jiffy Lube located on the south side of Indian River Road, 300 feet, east of Kempsville Road, containing 23,914 square feet (Kempsville Borough). Recommendation: DENIAL DEFERRED by City Council July 14, 1986 and August 11, 1986. e. Application of Surf and Sand, Inc. for a Change of Zoning from H-l Hotel District to B-2 Community-Business District on property located at 959 Laskin Road, containing 2.07 acres (Lynnhaven Borough). Recommendation: APPROVAL f. Application of Oxford Development Enterprises, Inc. for a Change or Zoning from 0-1 Office District to H-l Hotel District on property located on the south side of S. Lynnhaven Road, 920 feet west of Lynnhaven Parkway, containing 5 acres (Lynnhaven Borough) . Recommendation: APPROVAL I I I I g. Application of Vernice M. and Roland Griffin, Alfred and Gloria Mosley, Regenald E. and Jewell Mosley and Ronda L. Harper for a Change of Zoning from R-8 Residential District to B-2 Community- Business District on property located on the south side of Bonney Road, 910 feet west of Alicia Drive, containing 37,026 square feet (Kempsville Borough). Recommendation: DENIAL h. Application of Buyrn Farm Associates for a Change of Zoning from R-5 Residential District to R-8 Residential District on property located on the north side of Holland Road, 300 feet east of Delft Drive, containing 37.585 acres (Princess Anne Borough). Recommendation: DENIAL i. Ordinance to amend Comprehensive Zoning Ordinance: 1. Article 2, Section 212 pertaining to prohibited signs; 2. Article 2, Section 212.1 pertaining to illegal signs on public property; 3. Article 2, Section 214 pertaining to signs (landscaping); 4. Article 5, Section 504 pertaining to sign regulations in the R-l Residential District; 5. Article 6, Section 604 pertaining to sign regulations in the A-I Apartment District; 6. Article 7, Section 705 pertaining to sign regulations in the H-l Hotel District; 7. Article 8, Section 804 pertaining to sign regulations in the 0-1 Office District; 8. Article 9, Section 904 pertaining to sign regulations in the B-1 Business-Residential District; 9. Article 9, Section 914 pertaining to sign regulations in the B-2 Community-Business District; 10. Article 9, Section 924 pertaining to sign regulations in the B-3 Central Business District; 11. Article 10, Section 1004 pertaining to sign regulations in the I-I Light-Industrial District. G. RESOLUTIONS 1. Resolution of intent to agree to approve the guarantee of the payment of a portion of certain obligations of the Sports Authority of Hampton Roads, subj ect to the satisfactory completion of certain conditions. 2. INDUSTRIAL DEVELOPMENT REVENUE BONDS Resolutions approving the issuance of Industrial Development Revenue Bonds: a. MARLIN MANOR MOTEL $ 800,000 b. NEWCASTLE MOTEL, INC. $ 750,000 c. VISTA CARE PARTNERSHIP $3,000,000 d. SOUTHERN PROFESSIONAL CENTER II $ 900,000 e. AIRPORT INDUSTRIAL PARK $3,000,000 (Refunding) H. ORDINANCES 1. Ordinance to authorize the City Manager to execute an Agreement with the Virginia Beach Community Development Corporation. 2. Ordinance to AMEND and REORDAIN Section 38-3 of the Code of the City of Virginia Beach, pertaining to discharge of firearms, air guns, etc. I. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Resolution authorizing City Manager to execute a City-State Agreement for Project 2-004 Lake Smith Spillway Bridge. 2. Resolution to proclaim September 17, 1987 as Constitution Day and announce the intention of Council to appoint a committee to plan activities in celebration of that day and other appropriate days relating thereto. 3. Ordinance to AMEND and REORDAIN Chapter 2, Article II, of the Code of the City of Virginia Beach, by adding Section 2-38.1 pertaining to reconsideration of vote. 4. Ordinance to transfer appropriations and to establish new capital projects for design of water lines for certain areas with Fifty-One Percent property owner participation. 5. Ordinance to authorize a temporary encroachment into a portion of City property utilized for drainage canal to west branch of Lynnhaven River to Manny Arias and Nancy H. Arias. 6. Ordinance to authorize a temporary encroachment into a portion of the Right-of-Way of Salem Road to Salem United Methodist Church. 7. RAFFLE PERMIT: Kiwanis Club of Lynnhaven J. APPOINTMENT 1. SCHOOL SITE SELECTION COM}lITTEE K. UNFINISHED BUSINESS 1. NEW BUSINESS M. ADJOURNMENT I, i I - 9 - Item II-E.1.a MINUTES ITEM # 26053 Upon motion by Councilman Heischober, seconded by Councilman Perry, City Council AMENDED the Minutes of September 15, 1986, to replace the words "high rise" with "roof top" in Condition No. 6 and to include a reference to curb cuts as Condition No. 8 on the application of OXFORD DEVELOPMENT ENTERPRISES, INC. for a Change of Zoning District Classification from 0-1 to H-1. Page 23, Item # 26019 ORDINANCE UPON APPLICATION OF OXFORD DEVELOPMENT ENTERPRISES, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 0-1 TO H1 Z09861121 6. No }::i:-glT--f":i:se roof top signs shall be permitted. 8. The location property will acceptable to review. of the curb cut to subject be finalized in a location the City Staff at Site Plan Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 15, 1986 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Robert Jones in the Conference Room, City Hall Building, on Monday, Septmber 15, 1986, at 12:30 P.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: None - 2 - MATTERS BY THE MAYOR COUNCILMAN JOHN BAUM'S FATHER ITEM # 26005 Mayor Jones acknowleded receipt of a card of appreciation to City Council for flowers received in sympathy upon the death of Councilman John Baum's father. - 3 - CON C ERN S 0 F C I T Y C 0 U N C I L APPOINTMENTS FOR THE ARTS CENTER ITEM # 26006 Councilwoman Parker referenced APPOINTMENTS to the Committee for the ARTS CENTER. The City Clerk advised the City Council shall appoint four (4) persons plus the Director of General Services to serve on both the Executive Committee and the Board of Trustees of the Arts Center. These APPOINTMENTS will be SCHEDULED for the City Council Meeting of September 22, 1986. RESOLUTION FOR DIRECT ELECTION OF THE SCHOOL BOARD ITEM # 26007 Councilwoman Parker referenced her proposed Resolution for Direct Election of the School Board. Councilwoman Parker inquired as to whether there was interest in appointing a Committee to investigate the Direct Election of the School Board. JIFFY LUBE ITEM # 26008 Councilman Balko referenced a letter dated Septmber 4, 1986, from the City Manager and attached Memorandum from Walter E. Beaman, Highway Administrator. Copies were distrubuted to City Council. A copy of same has been made a part of the record. On August 21, 1986, the Jiffy Lube Station on Great Neck Road was discovered to be actually discharging oil into the drainage system. The State Water Control Board was notified and required the manager of the station to have the basin and outfall line cleaned. ~~n+~mn~~ 1~ 1QQh - 4 - INFORMAL SESSION PRESENTATION MUNICIPAL GRANTS - End of Year Report September 15, 1986 Hector Rivera, Assistant City Manager for Human Services, presented Ci ty Council with an End of the Year Report concerning MUNICIPAL GRANTS to COMMUNITY AND REGIONAL AGENCIES. (Copies of same are hereby made a part of the record). In order to better monitor and evaluate the expenditure of public funds for assistance to agencies providing services of benefit to the citizens and the community, the Council adopted an ordinance in June 1985 outlining application and reporting procedures for agencies seeking such assistance. Over the past year, dialogue between city staff and agency staff has led to significant improvements in both the quality of submissions from agencies and the timeliness of submissions. Quarterly reports reflecting the enhancements will continue to be forwarded to the Council for information and advice. - 5 - PRESENTATION COMPREHENSIVE ZONING ORDINANCE AMENDMENTS (Signs) September 15, 1986 The City Manager introduced Robert J. Scott, Director of Planning, who reiterated information concerning the COMPREHENSIVE ZONING ORDINANCE AMENDMENTS (Signs). Pat Janezeck, Zoning Administrator, presented a Summary of the various items concerning an Ordinances to amend the COMPREHENSIVE ZONING ORDINANCE: Article 2, Section 212 pertaining to prohibited signs; Prohibi ts roof top signs and clarifys where a sign can be placed on the building. Article 2, Section 212.1 pertaining to illegal signs on public property; Authorize Zoning Adminstrator or agents to pick up illegal signs placed in the City's right-of- way. Article 2, Section 214 pertaining to signs (landscaping); a. Change Catchline to read "Height, Setback and Landscaping"; b. Add subsection (c) to require 75 square feet of landscaping around a free standing sign; c. Word change - from "ground sign" to "free- standing" sign; d. Change allowable height from 24 feet to 12 feet for a free-standing sign; e. Change from "Zoning Board of Appeals" to "Board of Zoning Appeals". Article 5, Section 504 pertaining to sign regulations in the R-1 Residential District; a. i'Jord change - from "not to exceed" to "there shall be permitted. b. Reduce temporary sign to facilitate occupancy from 300 square feet of surface area to 150 square feet. Article 6, Section 604 pertaining to sign regulations in the A-1 Apartment District; a. Same change as in the R-1 District - reduce temporary sign from 300 square feet to a 150 square feet. - 6 - PRESENTATION COMPREHENSIVE ZONING ORDINANCE AMENDMENTS (Signs) September 15, 1986 Article 7, Section 705 pertaining to sign regulations in the H-1 Hotel District; a. Reduce the free-standing sign from 125 square feet of surface area to 75 square feet of surface area. Article 8, Section 804 pertaining to sign regulations in the 0-1 Office District; a. Limit the size of the sign that can be placed in a building to 150 square feet of surface area. This will apply in all of the following zoning districts; b. Reduce the land area requirement to 40,000 square feet of land Article 9, regulations District; Section in the 904 B-1 pertaining to sign Business-Residential a. Reduce the number of allowed signs per location from 4 to 3 b. To reduce the land area requirement to 40,000 square feet of land area from 60,000 square feet in order to get a center identification sign for a neighborhood commercial center; c. To reduce the land area requirement to get a temporary sign to facilitate occupancy from 60,000 square feet of land area to 40,000 square feet. Article 9, Section 914 pertaining to sign regulations in the B-2 Community-Business District; a. Reduce number of signs per location from 5 to 3. Reduce the free-standing sign from the allowed 125 square feet of surface area to 75 square feet of area; b. Reduce the land area requirement to 40,000 square feet of land area from 60,000 square feet for a center identification sign; c. In addition - the present three categories of shopping centers will be reduced to two; 1) 40,000 square feet of land area and 5 establishments 2) 15 acres of land and a minimum of 10 establishments. Article 9, Section 924 pertaining to sign regulations in the B-3 Central Business District; a. Same changes as in the B-2 Zoning Disttrict. ~An~ArnnA~ 1~_ 1qRh - 7 - PRESENTATION COMPREHENSIVE ZONING ORDINANCE AMENDMENTS (Signs) September 15, 1986 Article 10, Section 1004 pertaining to sign regulations in the I-1 Light-Industrial District. a. Reduce the number of allowed signs from 6 to 4 per location b. Reduce the size of free-standing signs from 200 square feet of surface to 150 square feet. c. Reduce the size of center identification sign for industrial parks from 300 square feet of surface area to 150 square feet and for maj or industrial parks from 600 square feet of surface area to 200 square feet. - 8 - PRESENTATION ORDINANCE PETAINING TO DISCHARGE OF FIREARMS September 15, 1986 Aubrey Watts, Deputy City Manager for Administration, reiterated information relative an Oridnance to AMEND and REORDAIN Section 38-3 of the Code of the City of Virginia Beach, pertaining to discharge of firearms, air guns, etc. (See Item II-H.2 of the Formal Agenda). Aubrey Watts referenced three changes to the present Ordinance: All permits currently in existence shall expire on September 30, 1986, and any permit issued after that date shall expire on the next June Thirtieth. No permit shall be issued to a landowner if it is determined by the City Manager or his duly authorized agent that the issuance of such permit would be detrimental to the public safety. Change in the line to reflect some construction and development which has since this line was originally established mid to late 1970's. of the occured in the City Council expressed concerns relative the fifty (50) acres or more of contiguous area concerning the size of the property and redefine section (d) in relation to the large parcel. The safety factor can be as detrimental on a large acreage as a small parcel if hunting is allowed in the peripheral area. - 9 - ITE.t\1 # 25974 Mayor Jones entertained a motion to permit City Council EXECUTIVE SESSION pursuant to Section 2.1-344, Code amended, for the following purposes: to conduct its of Virginia, as 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. PUBLICITY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of plans for the future of an insti tution which could affect the value of property owned or desirable for ownership by such institution. 3. LEGAL MATTERS: Consultation with legal counselor briefings by staff members, consul tants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Councilwoman Parker, seconded by Councilman Balko, City Council voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: John L. Perry - 10 - FOR MAL S E S S ION VIRGINIA BEACH CITY COUNCIL September 15, 1986 2:00 P.M. Mayor Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, September 15, 1986, at 2:00 P.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: None INVOCATION: Reverend Joseph Green Grace Episcopal Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 11 - APPROVAL OF ITEMS FOR THE FORMAL AGENDA ITEM # 25975 BY CONSENSUS, with the exception of Councilwoman McClanan's VERBAL NAY Vote, City Council ADOPTED the ITEMS FOR THE FORMAL AGENDA. Councilwoman McClanan requested at each City Council Meeting, her vote on this particular item be recorded as a VERBAL NAY. Item II-D. 1 CONSENT AGENDA ITEM # 26009 Councilwoman Parker referenced the Resolution to proclaim September 17, 1987, as Constitution Day and announce the intention of City Council to appoint a committee to plan activities in celebration of that day and other appropriate days relating thereto. (See Item 11-1.2 of the CONSENT AGENDA). The City Clerk advised Councilwoman Parker that September 17, 1987, was a Thursday. Item II-D.2 CONSENT AGENDA ITEM # 26010 Councilman Baum referenced an Ordinance to AMEND and REORDIAN Chapter 2, Article II, of the Code of the City of Virginia Beach, by adding Section 2- 38.1, pertaining to reconsideration of vote. (See item II-I.3 of the CONSENT AGENDA) . This item will be pulled for a separate consideration. Qon+omho~ 1~ 10Q~ - 12 - Item II-E.1.a MINUTES ITEM # 26011 Upon motion by Councilwoman McClanan, seconded by Councilman Perry, City Council APPROVED the Minutes of September 8, 1986, AS CORRECTED. Councilwoman Parker CORRECTED Item # 25986, Pages 21 and 22. ORDINANCE UPON APPLICATION OF CLAUDINE S. CAMPER FOR A CONDITIONALAL USE PERMIT FOR AN AUTOMOBILE REPAIR CENTER. The vote INCORRECTLY stated: Council Members Absent: None The vote should CORRECTLY read: Council Members Absent: John A. Baum Voting: 11-0 Council Members Voting Aye: Albert W., Balko, John A. Baum, Robert E. Fentress, Harold Helschober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None Qn~+~~~~~ 1h 1noL - 13 - Item II-E.1.b. MINUTES ITEM # 26012 Upon motion by Councilwoman McClanan, seconded by Councilman Perry, City Council APPROVED the Minutes of the RECESSED SESSION of September 11, 1986, subject to pending amendments to be ratified in the Ordinances on September 22, 1986. Voting: 8-0 Council Members Voting Aye: Albert W. Balko, Robert E. Fentress, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Abstaining: John A. Baum, Harold Heischober and John D. Moss Council Members Absent: None - 14 - Item II-F. PUBLIC HEARING ITEM # 26013 Mayor Jones DECLARED A PUBLIC HEARING: PLANNING ITEMS a. LAKESIDE CONSTRUCTION CORPORATION b. CLAUDINE S. CAMPER c. SEABOARD ROAD AREA (Johnnie R. & Page B. Hartley d. DENNIS P. MURTLAND e. SURF AND SAND, INC. f. OXFORD DEVELOPMENT ENTERPRISES, INC. g. VERNICE M. AND ROLAND GRIFFIN, ALFRED AND GLORIA MOSLEY, REGENALD E. AND JEWELL MOSELEY AND RONDA L. HARPER h. BUYRN FARM ASSOCIATES i. ORDINANCES (signs) STREET CLOSURE CONDITIONAL USE PERMIT RECONSIDERATION of RECLASSIFICATION CONDITIONAL USE PERMIT CHANGE OF ZONING CHANGE OF ZONING CHANGE OF ZONING CHANGE OF ZONING AMENDMENTS TO COMPREHENSIVE ZONING ORDINANCE - 15 - Item II-F. 1 PUBLIC HEARING PLANNING ITEM # 26014 Eric Anderson, Vice President of Lakeside Construction Corporation Upon motion by Councilwoman McClanan, seconded by Councilman Heischober, City Council APPROVED AN EXTENSION FOR COMPLIANCE of Sixty (60) days until the City Council Meeting of November 17, 1986, of an Ordinance closing, vacating and discontinuing a portion of PAINTER'S LANE in the petition of LAKESIDE CONSTRUCTION CORPORATION as per the following: Application of Lakeside Construction Corporation for the discontinuance, closure and abandonment of a Portion of Painter I s Lane beginning at a point 100 feet more or less north of Sandbridge Road and running in a northeasterly direction to the southern boundary of proposed Ferrell Parkway. said parcel cntains 3.672 acres. PRINCESS ANNE BOROUGH. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 16 - Item II-F. 1 . b PUBLIC HEARING PLANNING ITEM # 26015 Attorney Grover Wright represented the applicant Irvin Willis, Manager of the proposed facility Douglas T. Jenkins, represented United Virginia Bank, and spoke in OPPOSITION. Attorney Charles M. Lollar represented adjacent property owners and merchants and spoke in OPPOSITION. Upon motion by Councilman Balko, seconded by Councilman Perry, City Council ADOPTED an Ordinance upon application of CLAUDINE S. CAMPER for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF CLAUDINE S. CAMPER FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR CENTER R0986974 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Claudine S. Camper for a Conditional Use Permit for an automobile repair center on the north side of Laskin Road, 152.45 feet west of First Colonial Road. Said parcel is located at 1724 Laskin Road and containes 19,115 square feet. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. Installation of Category II screening along the northern boundary of this site where the site abuts the residential land use. :2. All repair work and storage of vehicles will be conducted within the structure. 3. Roof and structural repair of the present building shall meet the Zoning Code of the City of Virginia Beach. 4. The Conditional Use Permit shall be for a period of one (1) year. After said period of one (1) year, this Conditional Use Permit shall NOT be ADMINISTRATIVELY APPROVED, but returned to City Council for their consideration. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ffiteenth day of September, Nineteen Hundred and Eighty-six. - 17 - Item II-F. 1 . b PUBLIC HEARING PLANNING ITEM # 26015 (Continued) Voting: 8-3 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, John D. Moss and John L. Perry Council Members Voting Nay: Reba S. McClanan, Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: None - 18 - Item II-F. 1 . c PUBLIC HEARING PLANNING ITEM # 26016 Attorney Robert Cromwell represented Johnnie R. and Page B. Hartley The following also spoke in support of NOT DOWNZONING parcels of Johnnie R. and Page B. Hartley: Robert T. Jones, resident of Seaboard Road Joe E. Burroughs, resident of Seaboard Road A motion was made by Councilman Heischober, seconded by Councilman Baum, upon an Ordinance and application of the City of Virginia Beach , Virginia for Changes of Zoning NOT TO DOWNZONE Parcels in the Seaboard Road Area. Upon SUBSTITUTE MOTION by Councilman Moss, seconded by Councilman Perry, City Council ADOPTED an Ordinance upon application of the City of Virginia Beach to RECLASSIFY to AG-1 and AG-2 parcels in the Seaboard Road Area:* ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA BEACH FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION from R-8 to AG-1 and AG-2 Z09861119 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of the City of Virginia Beach, Virginia, for Changes of Zoning District Classification as follows: For each parcel of land listed, * from R-8 Residential District to AG-1 Agricultural District or AG-2 Agricultural District in accordance with maps on file in the Planning Department. *Seaboard Road Area Parcel 70 - Johnnie R. & Page B. Hartley Parcel 178 - Johnnie R. & Page B. Hartley Parcel 186 - Johnnie R. & Page B. Hartley Parcel 187 - Johnnie R. & Page B. Hartley This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifteenth day of September, Nineteen Hundred and Eighty-six. Councilman Moss wished the record to reflect that upon consultation with the City Attorney and the Planning Director at the August 28, 1986, City Council Meeting upon which Parcels 70, 178, 186 and 187 in the Seaboard Road Area were agreed to be RECONSIDERED, it was advised the City Council was not under legal obligation to refer same back to the Planning Commission and the Administrative Procedures which had been established were not applicable in this instance. - 19 - Item II-F. 1 . c. PUBLIC HEARING PLANNING IT]}f # 26016 (Continued) Voting: 6-5 Council Members Voting Aye: Barbara M. Henley, Mayor Robert G. Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober and Reba S. McClanan Council Members Absent: None ('I___..L___l____ -'9,....,..../ - 20 - Item II-F.1.d. PUBLIC HEARING PLANNING ITEM # 26017 Attorney Michael A. Inman represented the applicant and advised same would be operating a "Grease Monkey" Franchise, presented the final development plan illustrating a prototype building and letters from Richard L. Montgomery, President of the Lake Christopher Homeowner's Association and an adjacent property owner Larry Turner in support of said application. (Said letters are hereby made a part of the record). Dennis Murtland, an Engineer and the applicant discussed the Waste Oil system to be installed Councilman Balko referenced a Memorandum from Walter E. Beaman, Highway Administrator, concerning a Jiffy Lube Station on Great Neck Road acutally discharging oil into the drainage system. (Said memorandum is hereby made a part of the record.) Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council ADOPTED an Ordinance upon application of DENNIS P. MURTLAND for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF DENNIS P. MURTLAND FOR A CONDITIONAL USE PERMIT FOR A JIFFY LUBE (GREASE MONKEY) R0986975 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIGINIA Ordinance upon application of Dennis P. Murtland for a Conditional Use Permit for a Jiffy Lube (Grease Monkey) located on the south side of Indian River Road, 30 feet more or less east of Kempsville Road. Said parcel contains 23,914 square feet. Plats with more detailed information are available in the Department of Planning. KEMPSVILE BOROUGH. The following conditions shall be required: 1. Dedication of right-of-way on Indian River Road in accordance with plans on file in the Office of the City Engineer. 2. External storage of vehicles shall not exceed six (6) vehicles nor more than twenty-four (24) hours. 3. Category I Screening of this site, subject to Site Plan Review. 4. Installation of a Waste Oil Separator and Displacement Tank as described by the applicant in his proffer September 15, 1986. Councilman Moss requested and the applicant concurred: (No neighborhood "Tavern" type facilities will be installed in the back lot of said property as only front portion would be applicable to this permit) Q~~+~~h~~ 1C 1noL - 21 - Item II-F.1.d. PUBLIC HEARING ITEM # 26017 PLANNING This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifteenth day of September, Nineteen Hundred and Eighty-six. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 22 - Item II-F. 1 . e. PUBLIC HEARING PLANNING ITEM # 26018 Attorney R. J. Nutter represented the applicant Upon motion by Councilman Balko, seconded by Councilman Fentress, City Council ADOPTED an Ordinance upon application of SURF AND SAND, INC. for a Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF SURF AND SAND, INC., FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION 209861120 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Surf and Sand, Inc. for a Change of Zoning District Classification from H-1 Hotel District to B-2 Community-Business District on the south side of Laskin Road and contains 2.07 acres. Pla ts with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. Category I landscape screening is required along the southern and western property lines adjacent to the multi-family residential units. 2. Prior to the changing of the official zoning map, there shall be discontinuance of the hotel use. 3. Vacate lot lines separating the subject parcels. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifteenth day of September, Nineteen Hundred and Eighty-six. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 23 - Item II-F .1.e. PUBLIC HEARING PLANNING ITEM # 26019 Senator Joseph Canada represented the applicant, Mariott Hotels Michael Assad, represented the Marriott Hotels and displayed a photograph of the hotel Lee Williams, President of the Doyleway Civic League, expressed concern relative traffic. The traffic light is in the middle of Doyleway and Gimberton. There is no definite egress or ingress to the Doyletown or Lynnhaven Forest area. Jo Ryan, President of the Princess Anne Plaza Civic League, reiterated Mr. Williams concerns Upon motion by Councilman Balko, seconded by Councilwoman Parker, City Council ADOPTED an Ordinance upon application of OXFORD DEVELOPMENT ENTERPRISES, INC. for a Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF OXFORD DEVELOPMENT ENTERPRISES, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 0-1 TO H-1 Z09861121 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Oxford Development Enterprises, Inc. for a Change of Zoning District Classification from 0-1 Office District to H-1 Hotel District on certain property located on the south side of South Lynnhaven Road, 920 feet more or less west of Lynnhaven Parkway. Said parcel contains 5 acres more or less. More detailed information is available in the Department of Planning. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. The total number of lodging units shall be limited to 200. 2. No building shall exceed 47 feet in height and no building shall contain more than three (3) floors, or that height limit set in the Zoning Ordinance, whichever is more limiting. 3. A four (4) foot high earth berm with 3:1 slope and Category II screening shall be provided along the proeprty line fronting on South Lynnhaven Road. 4. Category I screening shall be provided along the western boundary of the hotel site, adjacent to the apartment development currently under construction. 5. No curb cut will be permitted off South Lynnhaven Road. Access shall be limited to the existing curb cut off South Lynnhaven Road serving the adjacent office development. 6. No high rise signs shall be permitted. 7. Voluntary deed restrictions shall be recorded in the Office of the Circuit Court. (Said restrictions are hereby made a part of the proceedings.) - 24 - Item II-F.1.f PUBLIC HEARING PLANNING ITEM # 26019 (Continued) (The staff advised consideration for moving the curb cut to align with the adjacent neighborhood.) This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifteenth day of September, Nineteen Hundred and Eighty-six. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None ... r"'\n/ , , I 24a LYNNHAVEN-ONE OXFORD LIMITED PARTNERSHIP TO (COVENANTS AND CONDITIONS) CITY OF VIRGINIA BEACH, a Municipal Corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 28th day of August, 1986, between LYNNHAVEN-ONE OXFORD LIMITED PARTNERSHIP, a Maryland limited partnership (hereinafter referred to as the "Grantor") of the one part, and CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, (hereinafter referred to as the "Grantee") of the other part; WITNESSETH THAT: WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition of the Grantor addressed to the Grantee, so as to change the classification of the Grantor's property from 0-1, Office District to H-l, Hotel District, on certain property containing a total of 4.57 acres in Lynnhaven Borough, in the City of Virginia Beach, Virginia, described as follows: Beginning at a point on the south right-of-way line of South Lynnhaven Road, said point being the dividing line between the Parcel A-3 and Parcel B as shown on that certain plat entitled "Reflections - The Corporate Park At Lynnhaven Being A Subdivision of Parcel A, Subdivision of Reader Property for Inlynnview Co." dated March, 1986, prepared by John E. Sirine and Associates, Ltd. and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2529, at Page 1014; thence, along the south right-of-way line of South Lynnhaven Road N66033'32" E a distance of 99.73' to a pointf thence continuing along the aforesaid south right-of-way with a radius of 1387.40' an arc distance of 186.65' to a pointf thence, continuing along the aforesaid south right-of- way line in an easterly direction along a curve to the right with a radius of 346.50' an arc distance of 21.98' to a pointf thence, continuing along the aforesaid south right-of- way line in an easterly direction along a curve to the left with a radius of 681.25' an arc distance of 73.94' to a point; thence, continuing along the aforesaid south right-of- way in an easterly direction along a curve to the right with a radius of 1378.40' an arc distance of 146.54' to a point; thence, in a southerly direction along a curve to the left with a radius of 220.00' an arc distance of 145.25' to a point; thence S46037'04" E a distance of 90.47 to a point; thence, S46028'39" W a distance of 574.43' to a point; thence, N26031'2l" W a distance of 498.00' to the point of beginning. WHEREAS, the Grantee's policy is to provide only for the orderly development of land, for various purposes, including hotel purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the subject property and at the same time to recognize the effects of changes, and the need for various types of uses, including hotel uses, certain reasonable conditions governing the use of the property for the protection of the community that are not generally applicable to land similarly zone B-1 are needed to cope with the situation which the grantor's rezoning application gives rise to; and -2- 'I,ll I WHEREAS, the Grantor has voluntarily proffered in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the H-l zoning district by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development and operation of the property to be adopted as a part of said amendment to the new Zoning Map relative to the property described above, which have a reasonable relation to the use of the property as rezoned H-l and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the subject property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the -3- I I I Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.1- 431, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent; NOW, THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid E!2 quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions as to the physical development and operation of the subject property and governing the use thereof and hereby covenants and agrees that this declaration shall constitute covenants running with the said property, which shall be binding upon the property and upon all parties and persons claiming under or through the Grantor, his heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. There shall be built upon the property no more than two hundred lodging units. 2. No building shall be constructed upon the property in excess of the applicable zoning height requirements or forty seven feet in height whichever is less; and no building shall contain more than three floors of lodging units. -4- I, I I 3. A landscaped, earth berm four feet in height with a three to one slope shall shall be provided along the property adjacent to South Lynnhaven Road. The berm shall be landscaped with Category 2 screening. Category 1 screening shall be provided along the western boundary line of the property adjacent to the apartment development. 4. The property shall not have a curb cut on South Lynnhaven Road. All references hereinabove to the B-1 district and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of September 15, 1986, which is by this reference incorporated herein. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such condi- tions, and (ii) the bringing of legal action or suit to insure compliance with such conditions, including mandatory or prohibi- tory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if -5- I i I aggrieved by any decision of the Zoning Administrator made pursuant to the provisions, the Grantor shall petition to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the Office of the Zoning Administrator and in the Planning Department and that they may be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and Grantee. WITNESS the following signatures. LYNNBAVEN-oNE OXFORD LIMITED PARTNERSHIP '" .,.,. . .. ~ . .::.'._~' " r.:~_' ,/, .1 (; I':Oh!TEN1::; --.- _~___ ~;:~.;77~~.~~ /_ <_ _ .::t ~=-- ....~,' .:-.. ,.,:..0 .,. - ~ '..~. t3~ By: Cecil V. Cutchins Vice President, Oxford Equities Corporation General Partner ~..)' .~. ..... Ii , '~-. ...-.... .> 'l,~, t'''"'.''''HJ' ~__.. j'-~~' ..... ~_. ..~.I\fn -, -- .- ..'r.~~ ~~~'~'..:E~-:v - 9 ~ a-:f 6 h.~ ;:-, 'l.,.t,,~"_i, MARRIOTT CORPORATION (Contract Purchaser) By: ~ -6- 'I,ll I o . STATE OF MARYLAND ) )ss COUNTY OF MONTGOMERY) & O~..-~is/Yhe /~/)rI / day of...-c/:;'4>u,,;{~' , 19si, 1;>efore me ,_ r7' ~1. _.-/ :/--. ' -./ L..c ' the U,nJ~~slgn~d officer, personally appeared (t'. /3;:~.c/~7-///Y5-2(:...-n. ~7- , who acknowledged himself to be the Vice ~ esidentv0f Ma(~lott Corporation, a Delaware corporation, and that as such Vice President, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself as Vice President. In witness whereof I hereunto set my hand and official seal. ~;.// /./. 'i;" .--::;>.- -~"1C7 c:.r. /";7 L'--7..r-h'~ .<-::~ Notary Publi-6 My Commission Expires: . // .It ~:p'''' -j /f'f~ o / 11,1, I STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, Barbara Sigler , the undersigned, a Notary Public in and for the State of Virginia at Large, do hereby certify that Cecil V. Cutchins, whose name is signed to the foregoing instrument bearing date on the 28th day of August, 1986, as Vice President of and on behalf of Oxford Equities Corporation, a general partner of the Grantor, has acknowledged the same before me in my city and state aforesaid. GIVEN under my hand and seal this 1986. 28th day of August , My Commission expires: June 9, 1989 082ll8/pd/COM -7- - 25 - Item II-F.1.g. PUBLIC HEARING PLANNING ITEM # 26020 Attorney Robert R. Latta represented the applicant and presented the house and adjacent properties. (Said photographs are hereby the record). Robert E. W. Sparrow, resident of Alicia Drive, spoke in application Harris Jennings, application Alfred Moseley, one of the applicants, represented himself photographs of made a part of favor of the Realtor with Goodman-Segar-Hogan, spoke in favor of the A MOTION was made by Councilman Moss, seconded by Councilwoman Parker to DENY an Ordinance upon application of VERNICE M. AND ROLAND GRIFFIN, ALFRED AND GLORIA MOSLEY, REGNALD E. AND JEWELL MOSLEY AND RONDA L. HARPER for a Change of Zoning from R-8 Residential District to B-2 Community-Business District on property located on the south side of Bonney Road, 910 feet west of Alicia Drive, containing 27,026 square feet (Kempsville Borough). A SUBSTITUTE MOTION was made by Councilman Baum, seconded by Councilman Fentress to ADOPT an Ordinance upon application of VERNICE M. AND ROLAND GRIFFIN, ALFRED AND GLORIA MOSLEY, REGNALD E. AND JEWELL MOSLEY AND RONDA L. HARPER for a Change of Zoning from R-8 Residential District to B-2 Community- Business District on property located on the south side of Bonney Road, 910 feet west of Alicia Drive, containing 27,026 square feet (Kempsville Borough). Voting: 5-6 (SUBSTITUTE MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: John A. Baum, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones, Reba S. McClanan, Council Members Voting Nay: Alb'ert E. Balko, Barbara M. Henley, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: None - 26 - Item II-F.1.g. PUBLIC HEARING PLANNING ITEM # 26020 (Continued) Upon motion by Councilman Moss, seconded by Councilwoman Parker, City Council DENIED an Ordinance upon application of VERNICE M. AND ROLAND GRIFFIN, ALFRED AND GLORIA MOSLEY, REGNALD E. AND JEWELL MOSLEY AND RONDA L. HARPER for a Change of Zoning: ORDINANCE UPON APPLICATION OF VERNICE M. AND ROLAND GRIFFIN, ALFRED AND GLORIA MOSLEY, REGENALD E. AND JEWELL MOSLEY AND RONDA L. HARPER FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 TO B-2 Ordinance upon application of Vernice M. and Roland Griffin, Alfred and Gloria Mosley, Regenald E. and Jewell Mosley and Ronda L. Harper for a Change of Zoning District Classification from R-8 Residential District to B-2 Community-Business District on certain property located on the south side of Bonney Road, beginning at a point 910 feet more or less west of Alicia Drive. Said parcel contains 37,026 square feet. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. Voting: 6-5 Council Members Voting Aye: Albert W. Balko, Barbara M. Henley, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: John A. Baum, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones, Reba S. McClanan, Council Members Absent: None - 27 - Item II-F .1.h. PUBLIC HEARING PLANNING ITEM # 26021 Attorney Robert Cromwell represented the applicant and requested WITHDRAi1AL Upon motion by Councilwoman McClanan, seconded by Councilwoman Oberndorf, City Council ALLOWED WITHDRAWAL of an Ordinance upon application of BUYRN FARM ASSOCIATES for a Change of Zoning: ORDINANCE UPON APPLICATION OF BUYRN FARM ASSO~IATES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5 TO R-8 Ordinance upon application of Buyrn Farm Associates for a Change of Zoning District Classification from R-5 Residential District to R-8 Residential District on certain property loca ted on the north side of Holland Road, JOO feet more or less east of Delft Drive. Said parcel contains 37.585 acres. Pla ts with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Robert E. Fentress September 15, 1986 - 28 - Item II-F. 1 . i PUBLIC HEARING PLANNING ITEM # 26022 The following spoke in favor of said Amendments to the Comprehensive Zoning Ordinance: Rae H. LaSesne, President of the Council of Civic Organizations B. H. Bridges, represented the Virginia Beach Beautification Commission and presented a letter from E. T. Buchanan, Chairman of the VIRGINIA BEACH TOMORROW STEERING COMMITTEE, in favor of the new sign ordinances. Elizabeth Ann Brown, Council of Garden Clubs of Virginia Beach James Capps, requested DEFERRAL on behalf of the VIRGINIA BEACH HOTEL-MOTEL ASSOCIATION The following spoke in OPPOSITION to the Sign Ordinance: Gerald Hanssen, represented the Talley Anchor Sign Company Pat Shetler, Admiral Signworks Corporation Erwin Hutchins, American Sign Company Paige Wood, Boddie Noell Enterprises, Inc. Norman Ward, Professional Printer Stan Stallings, Principal with Cardinal Sign Corporation Councilman Fentress advised Robert Vakos had called and requested DEFERRAL. Upon motion by Councilman Fentress, seconded by Councilman Baum, City Council DEFERRED until the City Council Meeting of September 29, 1986: Ordinance to amend Comprehensive Zoning Ordinance: Article 2, Section 212 pertaining to prohibited signs; Article 2, Section 212.1 pertaining to illegal signs on public property; Article 2, Section 214 pertaining to signs (landscaping); Article 5, Section 504 pertaining to sign regulations in the R-1 Residential District; Article 6, Section 604 pertaining to sign regulations in the A-1 Apartment District; Article 7, Section 705 pertaining to sign regulations in the H-1 Hotel District; Article 8, Section 804 pertaining to sign regulations in the 0-1 Office District; Article 9, regulations District; Section in the 904 B-1 pertaining to sign Business-Residential Article 9, Section 914 pertaining to sign regulations in the B-2 Community-Business District; Article 9, Section 924 pertaining to sign regulations in the B-3 Central Business District; Article 10, Section 1004 pertaining to sign regulations in the 1-1 Light-Industrial District. ..... _......./ - 29 - Item II-F.1.i PUBLIC HEARING PLANNING ITEM # 26022 Continued) A meeting was SCHEDULED for September 18, 1986, at 10:00 A.M. in either the Conference Room or the Council Chambers with Councilwoman McClanan; Thomas Muehlenbeck, the City Manger; Pat Janezeck, Zoning Administrator; Robert Loher, Director of Permits and Inspections, a representa ti ve of the City Attorney's Office and the various representatives of the Sign Companies who spoke concerning said Ordinances. All Council Members may also attend. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker* and John L. Perry Council Members Voting Nay: None Council Members Absent: None *Verbal Aye II I I - 30 - Item II-G. 1 . " RESOLUTIONS SPORTS AUTHORITY OF HAMPTON ROADS, VIRGINIA ITEM # 26023 The following citizens spoke in favor of the NASCAR RACE TRACK: Mark K. Anderson, Sales Supervisor of Hoffman Beverage-Anheuser Busch Wholesaler James L. Coleman, Jr., resident of Ridgeley Road in Norfolk Bill Koeppen, resident of the Kempsville Borough. Gordon Reams, Newport News businessman and representative of the Sports Club of America Charles D. Meachum, representative of the Sports Authority of Hampton Roads Mack Queen, resident of the Bayside Borough Dennis Gantley, resident of Norfolk Stanley Creekmore, Owner of local firm in Virginia Beach, resident of the Brandon Wood section of Virginia Beach. Information compiled by Patricia A. Phillips, Director of Research, is hereby made a part of the proceedings. Councilman Heischober, City Council's representative of the SPORTS AUTHORITY OF HAMPTON ROADS, advised the Authority was able to procure legislation exempting this NASCAR Sports Complex from the new law. The interest income to the buyers of said bonds will be tax exempt. $20-MILLION of Industrial Revenue Bonds issued by said SPORTS AUTHORITY will be allocated and remain allocated until this issue is resolved. NASCAR Racing is the second most attended event in Sports, the first being NFL (National Football League). Upon motion by Vice Mayor Oberndorf, seconded by Councilman Perry, City Council ADOPTED as AMENDED* Resolution of intent to agree to approve the guarantee of the payment of a portion of certain obligations of the Sports Authority of Hampton Roads, subject to the satisfactory completion of certain conditions. *Vice Mayor Oberndorf requested for the record these thirteen (13) stipulations contained in said Resolution be read by the City Clerk. Vice Mayor Oberndorf also reiterated the "credit clause" in Virginia Law and requested ageeements be structured so same is for a public rather than a private gain. Vice Mayor Oberndorf also requested Patricia Phillips, Director of Research, to investigate the contract to be assured outside firms will be employed to monitor the books of the Sawyers. Provision No. 14 has been added to said Resolution: "The Agreements between the Authority and the lessee are structured so that the animating purpose of the guaranty is for a public rather than a pri va te benefit and, therefore, not in conflict wiht the "credit clause" of Article X, Section 10 of the Virginia Constitution." - 31 - Item II-G. 1 . RESOLUTIONS SPORTS AUTHORITY OF HAMPTON ROADS, VIRGINIA ITEM # 26023 (Continued) Voting: 8-3 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Vice Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: Reba S. McClanan, John D. Moss and Nancy K. Parker Council Members Absent: None 31a RESOLUTION OF INTENT TO AGREE TO APPROVE THE GUARANTEE OF THE PAYMENT OF A PORTION OF CERTAIN OBLIGATIONS OF THE SPORTS AUTHORITY OF HAMPTON ROADS, VIRGINIA, SUBJECT TO THE SATISFACTORY COMPLETION OF CERT AIN CONDITIONS WHEREAS, by concurring resolutions adopted by the Councils of the Cities of Hampton, Newport News, Portsmouth, Norfolk, Virginia Beach, Chesapeake and Suffolk, Virginia, and the Board of Supervisors of Isle of Wight County, Virginia (collectively, the Participating Political Subdivisions), The Sports Authority of Hampton Roads, Virginia (the Authority) was created pursuant to the Public Recreation Facilities Authorities Act, Chapter 29, Title 15.1 of the Code of Virginia of 1950, as amended (Section 15.1-1271, et seq.); and WHEREAS, the Authority has proposed to acquire, construct and equip a public recreational and sports facility containing a 1-3/4 mile super speedway with grandstands, campground and all restaurant, parking, transportation and utility (including sewage treatment) facilities and concessions in connection therewith (collectively, the Project) to be located in Isle of Wight County, Virginia and leased to PWB Promotions, Inc., (the Lessee); and WHEREAS, the Authority intends to finance the Project by issuing up to $20,000,000 of its Industrial Development Bonds, $15,000,000 of which bonds (the Guaranteed Bonds) are to be guaranteed by the Participating Political Subdivisions as follows: City of Hampton City of Newport News City of Portsmouth City of Norfolk City of Virginia Beach City of Chesapeake City of Suffolk County of Isle of Wight $1,720,690 $1,919,457 $1,631,308 $2,705,772 $2,933,917 $1,751,943 $1,253,151 $1,083,762 WHEREAS, by Chapter 426 of the Acts of the 1986 Virginia General Assembly, the Participating Political Subdivisions may contract to guarantee the payment of all or any part of the Guaranteed Bonds and such contract obligation shall be an excluded indebtedness within the meaning and for the purposes of Article VII, Section 10(a)(4) of the Constitution of Virginia and shall not be considered a debt for the purpose of any present or future charter limitation on the amount of debt or bonds of, or the method of incurring debt or issuing bonds by, such Participating Political Subdivisions; and WHEREAS, the Authority has not finalized the following documents necessary for the bond issues: 1. Lease Agreement between the Authority and PWB Promotions, Inc. 2. Long Term NASCAR arrangement. 3. Guarantee Agreements between the Participating Political Subdivisions and the Trustees 4. Indenture of Mortgage and Deed of Trust. NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, that the City of Virginia Beach hereby expresses the intent to agree to guarantee up to $5,477,955 of the principal and interest of $15 million in subordinate revenue bonds of the Sports Authority of Hampton Roads, Virginia, subject to the completion of the following to its satisfaction: 1. The legal form of the Guaranty shall have been approved by the City Attorney. 2. The Council shall have reviewed and approved the written lease agreement (the Lease) between the Authori ty and the Lessee. 3. The other Participating Political Subdivisions shall have agreed to guarantee their respective portions of the Guaranteed Bonds allocated to them as set forth in the above recitals. 4. NASCAR provides written assurances that the Lessee has been granted the right to run at least two (2) NASCAR-sanctioned races per year for each year the Guaranteed Bonds are outstanding and that, in the event of a default by the Lessee under the Lease or in the event the agreement between Lessee and NASCAR is cancelled or otherwise terminated, NASCAR, or another operator chosen by NASCAR, will run or be granted the right to run, as the case may be, the two (2) NASCAR-sanctioned races each year for the remaining period the Guaranteed Bonds are outstanding. NASCAR shall provide, within 30 days of the date of this Resolution, a letter of its intent to provide such aforementioned written assurances. 5. Review and written opinion by bond counsel that such debt would not be includible in the City's legal debt margin. 6. Independent verification of projections of revenues and expenses indicating that it is reasonable to expect that the debt service coverage for the bond issue is attainable. 7. Agreement among the Participating Political Subdivisions regarding disposition of all revenues to the Authority from the lease after payment of annual debt service. 8. A properly and adequately documented construction budget with written assurances that the project will be completed within that budget and holding the City harmless for cost overruns. ii I 9. Following completion of construction, the Sports Authority will issue no additional Senior Debt and will issue no long term debt with an equal or parity position to the Guaranteed Bonds without the approval of the Participating Political Subdivisions. 10. The Council shall have reviewed and approved an Indenture of Mortgage and Deed of Trust. 11. Appropriate legal OpinIOnS for all matters deemed necessary by the Council of the City of Virginia Beach. 12. Virginia Beach expends no funds unless Sports Authority defaults on bonds. 13. Any other matter deemed necessary by the Council of the City of Virginia Beach. 14. The Agreements between the Authority and the lessee are structured so that the animating purpose of the guaranty is for a public rather than a private benefit and, therefore, not in conflict with the "credit clause" of Article X, Section 10 of the Virginia Constitution. Adopted by the Council of the City of Virginia Beach, Virginia on the 15th day of September, 1986. ,II I City 01 Virgirl.ia Beach OFFICE OF THE CITY MANAGER (804) 427-4242 MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456-9002 September 15, 1986 The Honorable Mayor Members of Councll Dear Councll Members: Attached for your consideration Is a Resolution which expresses Council's Intent to guarantee a portion of a proposed $15 mllllon subordinate debt issue of the Sports Authority of Hampton Roads, Virginia. As shown in the report prepared by the Off Ice of Research and Strategic Analysis "Analysis of Proposal by the Sports Authority of Hampton Roads, Virginia," all projections provided regarding the proposed speedway indicate that the project Is economically viable; however, since the direct economic benefits to Virginia Beach are not clear, and because certain documents and analyses have not been completed, the guarantee should be approached from that of a business transaction in order to protect the City as a potent ia I lender. Therefore, the Resolution contains thirteen items as conditions that should be met to Councll's satisfaction before the later adoption of an ordinance that would actually guarantee the bonds: 1. The final form of the Guaranty shall have been approved by the City At torney. 2. The Councll shall have received and approved the written lease agreement between the Authority and the Lessee. (Approval should be predicated on, among other things, maximum protection to the jurisdictions; for example, management fees being subordinate to debt service (basic rent) and life Insurance for Mr. Sawyer with the Authority named as bene f Ic lary. ) 3. The other jurisdictions shall have, by adoption of a resolution or ordinance, agreed to guarantee their respective portions of the Guaranteed Bonds allocated to them. 4. NASCAR provides written assurances that the Lessee has been granted the right to run at least two (2) NASO\R-sanctloned races per year for each year the Guaranteed Bonds are outstanding and that, in the event of a default by the Lessee under the Lease or in the event the agreement between Lessee and NASCAR Is cancelled olr otherwise terminated, NASCAR, or another operator chosen by NASCAR, will run or be granted ,I I The Honorable Mayor Members of Council September 15, 1986 Page 2 the right to run, as the case may be, the two (2) NASCAR-sanctioned races each year for the remaining period the Guaranteed Bonds are outstanding. NASCAR shall provide, within 30 days of the date of this Resolution, a letter of its intent to provide such aforementioned written assurances. 5. Review and written opinion by bond counsel that such debt would not be includible in the City's legal debt margin. 6. Independent verification of projections of revenues and expenses indicating that it is reasonable to expect that the debt service coverage for the bond issue is attainable. (This would include further,explanation of projected general and administrative expenses.) 7. Agreement among the member jurisdictions regarding disposition of all revenues to the Authority from the lease after payment of annual debt service. 8. A properly and adequately documented construction budget with written assurances that the project will be completed within that budget and holding the City harmless for cost overruns. 9. Following completion of construction, the Sports Authority will issue no additional Senior Debt and wIll issue no long term debt with an equal or parity position to the Guaranteed Bonds without the approval of the Participating Political Subdivisions. 10. The Council shall have reviewed and approved an Indenture of Mortgage and Deed of Trust. (This would include adequate collateralization of the subordinate debt as well as nature of the liability, i.e., non-joint and severa 1). 11. Appropriate legal opinions for all matters deemed necessary by the Council of the City of Virginia Beach. 12. Virginia Beach expends no funds unless Sports Authority defaults on bonds. 13. Any other matter deemed necessary by the Council of the City of Virginia Beach. __ " Ve::~IY yours, ~Hq-{l !: Jl Thomas H. Mue lenbeck r City Manager 1HM:PAP:kc Attachment I City of' Virgi:r1ia Beach OFFICE OF RESEARCH AND STRATEGIC ANAL.YSIS (104) 427-4701 MUNICIPAL. CENTER VIRGINIA BEACH, VIRGINIA 23456-1002 September 15, 1986 The Honorable Mayor Members of Council Dear Council Members: As requested durIng the Public Hearing on the Guarantee of Debt for the proposed Speedway on September 8, 1986, I have obtained the following InfonnatIon for your review: 1. List of current property owners of the proposed Isle of Wight property (obtained from the County Administrator of Isle of Wight) Is attached. 2. If one City does not participate in the guarantee, the question has arisen regarding the impact on the viablllty of the project. Several alternatives are possible, only one of which would be to increase the amount guaranteed by the participating jurisdictions. If Chesapeake does not participate, its $1,151,943 portion would be divided by 1, or $250,211 per Jurisdiction. 3. According to Investment Corporation of Virginia, bond insurance has been investigated; however, bond insurance companies are currently not insuring any admissions-based debt. 4. Summary of Conditions to Approval of Guarantees by Jurisdictions is shown on the attached table. If there are any questions concerning this Infonnatlon, I wlll be happy to provide further clarification. !'err truly yo~, n7 lr~4!t- u if- ~i2~ Patricia A. Phillips Director P AP:kc SUMMARY Of CONDITIONS IMPOSED BY JURISDICTIONS Septentler 15, 1986 Virginia Newport Isle of Beach Suffolk Hampton News Wiqht** Norfolk. Portsmout! 1. All jurisdictions must participate X X X X X X 2. Independent verification of projections X X 3. Written legal opinion regarding debt X X X 4. Long-term NASCAR conmltment X X X X X X 5. Review and approval of lease X X X X X X 6. Approval of guaranty X X X X X 7. Name RUst include "H8q)ton Roads" X B. Agreement regarding revenues to Authority X 9. Docunented construction budget X 10. Authority issues ro other e~al or hig,er debt X 11. Approval of Indenture and Deed of Trust X 12. Appropriate legal opinions X 13. No funds expended unless AUthority defaults X 14. Any other matters Council deems necessary X 15. Remove lease restriction on admissions tax X 16. Receipt of 25% of payments to Authority X . Not Yet Adopted: ** Pendinq Chanqes: 1. Isle of Wig,t--Special meeting September 15, 1986 2. Chesapeake--Some interest expressed Sources: Clerks of respective cities and County Administrator of Isle of Wight. " . PROPERTY OWNERS INVOLVED IN THE RACE TRACK REZONING AND CONDITIONAL USE PERMIT APPLICATIONS: .~ Union Camp Corporation Tax Map Iden. I 47 (l) pt 24 47 (1) 3 47 (1) 14 47 (1) 7 Hattie J. Griffin, Estate Tax Map Iden. I 47 (1) 6 46 (1) 52 Henry R. & Angie Griffin Tax Map Iden. t 47 (1) 15 Chloe Edwards, et a1s Tax Map Iden. I 46 (1) 51 Source: Isle of Wight County, September 12, 1986 -.:.:....- n ~ Pllln pn; f,; piJil- a ~f'P~~ ~ 19~t ~ 1: ~ . b · . 0 III I : I ,II . 'II g' III i I ,. i!'Hf~;lj }di~[~. ~p'~ih i i iGG ~ l clj~~~ r f IIld fl' ;jil . c ~ld~ ~ f i~ r ~ . , - .~ ~~ ---~ ---- ~ 8 . . , \ , F'''' . \ . \ . , . " . , , ' ,_..' " ...., ,..) : ' , . r--' '. 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" I - 32 - Item II-G.2.a/b/d/e RESOLUTIONS INDUSTRIAL DEVELOPMENT REVENUE ITEM # 26024 BONDS Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council ADOPTED: Resolutions approving the issuance of Industrial Development Revenue Bonds: MARLIN MANOR MOTEL $ 800,000 NEWCASTLE MOTEL, INC. $ 750,000 SOUTHERN PROFESSIONAL CENTER II $ 900,000 AIRPORT INDUSTRIAL PARK $3,000,000 (Refunding) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, * Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None *Verbal Aye BOND ISSUES FOR COUNCIL'S SEPTEMBER 15, 1986, AGENDA DEVELOPMENT AUTHORITY PRIORITY NO. 2 Hotel/Motel Marlin Manor Motel Corporation - $800,000 Newcastle Motel, Inc. - $750,000 DEVELOPMENT AUTHORITY PRIORITY NO. 4 Office/Professional Services Facility Vista Care Partnership - $3,000,000 Southern Professional Center II - $900,000 Refunding Bond Airport Industrial Park - $3,000,000 (Extension of Repayment Terms) 4/25/84 EXHIBIT F SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: Marlin Manor Motel Facility 2. LOCATION: 212 5th Street Virginia Beach, Virginia 3. DESCRIPTION OF PROJECT: Purchase existing facility and construct 3 additional motel units $800,000 4. AMOUNT OF BOND ISSUE: 5. PRINCIPALS: Neal A. Petry 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property B-5 b. Is rezoning proposed? Yes No X c. If so, to what zoning classification? , I, I 11/5/83 FISCAL IMPACT STATEMENT DATE: August 1, 1986 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: Pacific Associates Corporation t/a Marlin Manor Motel TYPE OF FACILITY: Motel l. Maximum amount of financing sought $ 800,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ 970,200 3. Estimated real property tax per year using present tax rates $ 7,762 4. Estimated personal property tax per year using present tax rates $ 2,700 5. Estimated merchants' capital (business license) tax per year using present tax rates $ 800 6. Estimated dollar value per year of goods and services that will be purchased locally $ 77,876 7. Estimated number of regular employees on year round basis (created and retained) 2 full-time 10 part-time/ seasonal 8. Average annual salary per employee $ 7,733.33 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has no independent investigation with respect thereto. City of Virginia Beach By: ~ Chairman ---------- Economic Impact Statement 1. Amount of investment $970,200 2. Amount of industrial revenue bond financing sought $800,000 3. Estimated taxable value of the facility's real property to be constructed in the City of Virginia Beach $970,200 4. Estimated real property tax per year using present tax rate $ 7,762 5. Estimated personal property tax $ 2,700 6. Economic impact statement demonstrating the overall return to the city: A. Number of new jobs: 1 additional full-time and 2 additional part-time B. Payroll generated $15,520 Av. Wage $J,760 C. Number of jobs retained 1 full-time/8 part-time D. Payroll retained $30,880 Av. Wage $J,720 E. Estimate of the value of goods and services purchased within the geographic boundary of Virginia Beach by type (inventory, machinery, professional services, insurance, motor vehicles, etc.): Type Value Commercial Laundry Equipment $10,500 $ 1,250 $ 8,600 $ 8,350 $29,176 $20,000 $ Laundry Services Accounting and Leqal Repair and Maintenance Supplies Utilities and Cable T.V. TOTAL $77,876 $ 800 $37,500 $37,500 5 - lO 7. Is the site currently zoned for the use of being proposed for industrial revenue bond financing? Yes x No 8. Has a bond purchase agreement/commitment been accepted by the applicant? (attach a copy) Yes ___ No x 9. Will the bond financing close within 90 days from the date of adoption of the inducement resolution? Yes x No 10. Location of project (attach location map) 212 5th Street, Virginia Beach, Virginia 11. Explanation of alternative financing that has been reviewed for project No other alternative financing has been reviewed F. Estimated building permit fee and other municipal fees Estimated construction payroll Estimated value of construction material to be purchased within the City of Virginia Beach Estimated number of construction jobs Any other items which the applicant feels the Authority should be made aware of in evaluating the project G. H. I. J. I hereby certify that the information stated in the above Economic Impact Statement is accurate and true in all respects. ~ll..~ ~0- ~ ~~ (Appl cant) c=J / r,Y-t/ Subscribed and sworn to before me this Iii] day of August, 1986. My Commission Expires: j;r/lc/ [1' I , ~ . .", i "...":",.-,~~~," "~,,,~~t~BYIii;P,....ooo $i"$. " .> "' . ",... ~ ~ ~~HG[bH II s:! ~ ~ ~ -" V s ~ iR RD~ 'C'" j ""1,...oJ ~..1! ", - '> - .,'l~O -,~ ~ ~_',. ./~ 'h\..., ~CHE y ~ RD ~ !\...~~""-" ~~'o. ....\~j . . w,"'" !i COLONY"" > .If\." .~.:\..., 0 ..- to '\01& ~ _~ i., I <' ~ 2/~A~.~""" ~ t:. ~ ~!loe. I..., '" ~Io" "" ".' 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'_h "I"" < ~ 3~W;~" < .il , ..:!'Ii'"Ii -~, ' " .. ~ ~ s.. n ..l. .J,...o- ~ '" I \ fi,""' Pi, J, " ,,~U, 0 l,ii,I...oH l~"' ,!lil'v!i _. "I"'"S~J;:'i'~""'~~&~ ~ -~ _.... '500..~ z IoITHlew ~o: J:\ "'\l~ fJ S8 ~ u n h ",,-~ ,,,,),J' Q "" lAll~ ~ ~ll :;; J =-\" , ,'-" Ilf"':>-- ~ .' ;""1 ~ <'C.." jb"' ,], 8 ., ,.' ",,'W "" ,,> "'ft' \\\,\\\j~ ~ d '" _ " "': 1 < " CO" '" · ,'- · .,~ ~11 ~["!lJ~ ocE N.1. SEAT' I\: >" >>' - 0' J '" ~L :J['~~ ~ \GAl\lQEN~a I ~,' , '. '"ll' · ..- ~ .~. '" ~ "', " , II =:J .".1 I ~, , ,,"" ",. ~ " ' ,,;- 0' ~ Oc.ah ~t \' ill. _ ''''...'' sou HERN ~ Po- \ of tprru' ~.~ '" """.. : ~'."'~ ~I(:\\\ ~'\., ~ 1 ~ [>'1 . 1! . l)4 ';os" , ' ~ 1 ~ [' ( rlJ \ \ ,~""" J. . _ · R' ",,, ,:,:,~ e: · \ I- . ~ lit ~ '1" IV" " ", .m ~ ~ 1;;., .. \ ..' _.~.~ (~~lul~ /~l:~~~ ~ ~~3' ...." '.,r;;~~~~;!tl~, , ';0 c. 1 ~HADO 110 ,;"kr, ~\. ,/- ~~ -----< /"'., 0 : ~ ~ .... HEIG 5 ~~Il1\ i),~ S _ ~\ I! 1'1/" rRLlJl!t "1:. t! ~~~~'~~~~~~ ., q", l. Intel ~O, '~ ~".. If --;;,''''' " .""' · s')'.' I'; , . -----c> · F-!l.i"" ... = ""," Ji~' , ~, ~ '. " . "" u, ..__'Toe " ' ,;, ,,; ,.~;; c 0 E 1... f G H J K '."'.'" " " 00 00 Jams Map 22 co.,.",", MCM"""W \ - (l l~ ~ ! 7~ 'I ~~ \..-- 5 \ o :(") m i~ o -~-- --- " ,.' ~~. 1, d g 0, ~ c, :J , : on e.c- g ". < Marlin Manor Motel Facility PROJECT NAME: PROJECT ADDRESS: 212 5th Street Virginia Beach, virginia Motel TYPE OF PROJECT: A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers on Monday, September 15, 1986. On Motion by Councilman Harold Heischober and seconded by Councilman John D. Moss , the following Resolution was adopted. RESOLUTION OF THE CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REV- ENUE BONDS TO MARLIN MANOR MOTEL CORPORA- TION WHEREAS, the City of virginia Beach Development Authority (the "Authority"), has considered the application of the Marlin Manor Motel Corporation (the "Company") for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $800,000 (the "Bonds") to assist in the financing of the Company's acquisition of an existing motel and the con- struction and equipping of a 3 motel unit addition to the ex- isting motel (all improvements and land being collectively re- ferred to as the "Facility") to be located at 212 5th Street in Virginia Beach, Virginia, and has held a public hearing thereon on September 9, 1986; and WHEREAS, the Authority has requested the Ci.ty Council (the "Cduncil") of Virginia Beach, Virginia (the "City"), to approve the issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to S15.1-1378.1, Code of Virginia, 1950, as amended, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, and a reasonably detailed summary of the comments expressed at the public hearing, if any, have been filed with the Council of the City of Virginia Beach, Virginia; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, approves the issuance of the Bond by the City of Virginia Beach Development Authority, in a principal amount not to exceed $800,000 for financing the acquisition of an existing motel and the construction and equipping of a 3 motel unit addition to the existing motel to be located at 212 5th Street in Virginia Beach, Virginia for the benefit of Marlin Manor Motel Corpora- tion, to the extent required by Section 103(k} of the Internal Revenue Code, to permit the Authority to assist in the financ- ing of the Facility. 2. The approval of the issuance of the Bond, as required by Section 103(k}, does not constitute an endorsement of the Bond or the creditworthiness of the Company, but, as required by Section 15.1-1380 of the Code of Virginia of 1950, as amended, the Bond shall provide that neither the City nor the Authority shall be obligated to pay the Bond or the interest thereon or other costs incident thereto except from the reve- nues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. 3. In approving the Resolution, the City of Virginia Beach, including its elected representatives, officers, employ- ees and agents, shall not be liable and hereby disclaims all liability for any damages to any person, direct or consequen- tial, resulting from (1) the Authority's failure to issue bonds for the Facility for any reason, including but not limited to any decision by the Authority in its sole discretion to allo- cate its allowable private activity bond limit to one or more other projects if the issuance of tax-exempt bonds by the Au- thority is restricted by any State or Federal statute now or hereafter enacted; or (2) the Authority's failure for any rea- son after the issuance of the Bonds for the Facility to allo- cate a portion of its allowable private activity bond limit to the Facility if the issuance of tax-exempt bonds by the Author- ity is restricted by any State or Federal statute now or here- after enacted. 4. This Resolution shall take effect immediately upon its adoption. -2- Adopted by the Council of the City of Virginia Beach, Vir- ginia, on September 15, 1986. I certify the foregoing to be a true and correct copy of a resolution adopted by the City Council of the City of Virginia Beach, Virginia, at a regular meeting held September 15, 1986. Clerk -3- 4/25/84 EXHIBIT F SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND l. PROJECT NAME: Newcastle Motel, Inc. Facility 2. LOCATION: l2th Street and Oceanfront Virginia Beach, Virginia 23451 3. DESCRIPTION OF PROJECT: Construction and equipping of a 4-story, l2 unit motel addition and a two level 56 space garage 4. AMOUNT OF BOND ISSUE: $750,000 5. PRINCIPALS: Fred B. Strickland Elaine S. Sturqeon Iscar S. Cobb 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property H-2 b. Is rezoning proposed? Yes No x c. If so, to what zoning classification? 11/5/83 FISCAL IMPACT STATEMENT DATE: August 8, 1986 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: Newcastle Motel, Inc. Facility TYPE OF FACILITY: 4-story, 12 unit motel addition and ancillary parking garage 1. Maximum amount of financing sought $ 750,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ 700,000 3. Estimated real property tax per year using present tax rates $ 5,600 4. Estimated personal property tax per year using present tax rates $ 1,000 5. Estimated merchants' capital (business license) tax per year using present tax rates $ 300 6. Estimated dollar value per year of goods and services that will be purchased locally $ 36,600 7. Estimated number of regular employees on year round basis 4 8. Average annual salary per employee $ 5,000 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has no independent investigation with respect thereto. City of Virginia Beach Development Authority '-'" L/ - .. ..~~ . Chairman~ By: Economic Impact Statement 1. Amount of investment 2. Amount of industrial revenue bond financing sought 3. Estimated taxable value of the facility's real property to be constructed in the City of Virginia Beach 4. Estimated real property tax per year using present tax rate 5. Estimated personal property tax 6. Economic impact statement demonstrating the overall return to the city: A. Number of new jobs 4 B. Payroll generated $20,000 Av. Wage $5,000 C. Number of jobs retained 4 D. Payroll retained $20,000 Av. Wage $5,000 $750,000 $750,000 $700,000 $ 5,600 $ 1,000 E. Estimate of the value of goods and services purchased within the geographic boundary of Virginia Beach by type (inventory, machinery, professional services, insurance, motor vehicles, etc.): Type Value General Supplies Cable TV Repairs and Maintenance Utilities $ 5,000 $ 500 $ 7,000 $lO,OOO $ 8,000 $ l,400 $ 2,500 $ 1,500 $ 700 TOTAL Insurance Postage and Office Supplies Telephone Accounting and Legal Vending Machines $ 36,600 G. H. ,I I F. Estimated building permit fee and other municipal fees Estimated construction payroll Estimated value of construction material to be purchased within the City of Virginia Beach Estimated number of construction jobs Any other items which the applicant feels the Authority should be made aware of in evaluating the project $ 22,500 $275,000 $250,000 25 7. Is the site currently zoned for the use of being proposed for industrial revenue bond financing? Yes x No 8. Has a bond purchase agreement/commitment been accepted by the applicant? (attach a copy) Yes ___ No x 9. Will the bond financing close wi thin 90 days from the date of adoption of the inducement resolution? Yes x No lO. Location of project (attach location map) 12th Street and Oceanfront, Virginia Beach, Virginia ll. Explanation of alternative financing that has been reviewed for project No othe~ alternative financing has been reviewed. I. J. i I I hereby certify that the information stated in the above Economic Impact Statement is accurate and true in all respects. ,/7 ~-<j (Applicant) , . ? ' ',- , ~ /tE::- i' ~, ) . ,/ , -- ,.'~ ~ ~' /tlJy-L Subscribed and sworn to before me this/0 day of August, 1986. My Commission Expires: Jcc: Lie- Notary, Public /J.l, J;;! ,I, '5' 1 I - () I It'!' ~~;~ i~AN ON~'RD51~1]U~.'~~IU <> ~Y SSt ~ RO ~ 5O/1"'~D ~- ~ ~NGobN ~/I ~ ;:;;~ ~ j ~ t" i: ~If RO~ t"" ~~ ", ('~"~ / t:' m ~HE y ~ ~ ~~, S1.~ ,~ 1./ '.~ 5:> RO ~ ~!\~~:.~ $ .;'~ ~ ~ ,,~(;\. 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C1 ~ ~ f :..~ ; ~\.'~t ~~""<:>~ :r' CJ /') i ~.-.;,\.~~1""" ~t' ,is> . itlJ?'iI:.n S '" ~ ~ '''' V'l// / S I ('?' - \ :\' R NCH ~I ~ ,~ \)'; ~~ 'It'A~,~~(t ~ nnmiJi~~NAhER ,R 1\ 11 In n__~_ ~1't "" ill ~~/J.~~";:j J :~I~Y~J(lub ~ ::""'-" "..un _ ~~, """ ~ ~ ~~~o:rwegian. =- z\\'v;;;':~ .-/ _ '~V!~ - ~ '~~ 1G\11 ... ~';j, l~dy StallJe %\\/'-'>." 1'/ ~l>I-' I ~_ - .L ,_ - Sf>; \ \. '2>\ ~RO\.. ~ - ~ l\"'\2J 58:- '" lf~O > lSln-['"' ~ . \USCG Station II '" 1400 \~ '" 0910,," "0 '~ JLllNLlERC I "'n :...;) I) '" 09, I~ - ~ ~. ~ I , 0 c::; ~. - -, '" Va Beac ;; l~\n::! ".=~ 8 ' " \ n UN H~ .-Ti!lNIS "'!'!1?sr JH ~ ",-i~~ \ \..em.I~~41! ~t~U EY I} \ :CtU8 OR ~ ,)00\\ ~ 1>cl \\ s' ~ ~'''NfC\ii H, '-:; BI ,')- i\",~'F ... 1100 ..._""l: _< '8 -"'''~MSU"' T~U ~U ,,~ -'--'1J' " z t i ~ II l' ~......... \\ -.- !If PI fIT! CT '" CT T A " ~I ~ T" ~ ach ~ rou C t S'~ ~ \ c~ ~ l'lEACH '" 1"9t.z.-- ACH ~ :'Ieh I '.-do'" ,'8 ivi e~ter & =~ ~~ ~f\\" I ~ s04"fi g ~~ ~ C ~~ II ~I\ F 0 ~ r nformation Center ~ r;- OC!ANI~! 141t Pi1 I:S'G'; I A8 R l-' Pnilioll Coa"ntiot~ g~~ ~ ~ ;, ~' J:H morN1~ I,. a I~ ::3 FF lEND f!oIEn1CUs j'\, <.; Rc t "ala~ ~Oc;J1i ~ .-. ~ . P Public Works ~1~ =~:: Ig VI~~ -::~~ ~ Seata~: ~ ~% \~1~1~~ ~ ept Va Beach ~~'~<{r-A ~ :i~~~o"',,11 t,~~~,..;;; - ~A:...~~~1-~"-- ~ ~\..~ishingPie 3' o~11 '.;; <:'; 13:3 BEACH. ~.B~Ef1;-; ~ ; -J~~~~ ~ j~~~~11 ~ ~ 'p%'. r..r)- ,I II>. ;:)' KWY % 01 a\.. \\ C~~'" II ^ ~O~ ~ ,: rrOj, ~ · -;500 :3 ~ IT!S~EW::;O: x ~ iitf' 58 '= ~- '0 II 'oi LEI\; I Lor- ".1.- () ill :;J~~ z ~PLJ :;; J ~ ~. N a &1 ~ 'l)1 '- c:,j. I I ' ~@OVE'.., ~ & , ~ ] '" ~ ~ ~'" ORINKW TER L '" 'i ,. 'II'.' ,,,l:JlAi, M 'II . - ~1. ~ ~!!" 1'." N f ] x t Q LORE TA LA I ~e f'=\~ ~V 0 1i~p:"'" ~~~~ aCE NA l~ SEATA~ ~ Q~"" ~_'1>~ t' JG,!IJi ~~AFlIi?ENS~ ~ MIllER ~ ~:~'<.. $' r~-==.."..,,",I ~ \ JL~i= BLVQ II ~, .~ u,EN ~Q,' ~ \~ ~ \ ~ j \) a':,;::: ,; ." · """, '''-s. ~ ~\ t) I~/r S J <} ~ ~~t ' c;~:' '1 D I (f <oJl\lf" J,.' ; 'JI f>,'JE ~'El,'\ '-:. i ( i ) ~ ,~Wv C IShl~~\'JE ~.d~i \ - 1lI I) ~. " ~ ~.:! EIA ~ ntic rbarf'" ~\ \ ~ ~~ Ljl G " a ~ ~F>- BTHST ~~~; \..~:~\8~~~E: '" ~~~ P=/./ . ""~~ ~!~ .tHAD~EIGI~~ ' "h~*,,~'\ ~ "~RlII.l('( ~.~' ~CREE/( t; SE ~l0 ~ ,$-"'~1i~ ~I/Ie( ( ~'Ql '000 A<:> J@: '/ Q o/' ';, ?ff1.:1 ~------;/ ~REGORYS LA "?:- Y v ~ / ~~ DJ '---. ~//;;j! !/nn- E ~ MCMLXXXV-AOC / 'l" 'C~((8.I(;,," C 0 2,730,000 ~T 176'00'00" JO/~S Map 22 G H J COPYRIGHT MCMLtxxv.An,.. ~ '5' ~ JI\ 4 I-- 5 4 \ \ \ I 1<1 ',+ \J I $eaoines o (} tr'l ,> ---- ~ -~-- 6 '<0 "'-" 8 t 1 '5' " ';j, t\1 , c c' c, c co ('"',j - . , , ' I-- ,.., ~ ~ c c c. c ~ <: > PROJECT NAME: NEWCASTLE MOTEL, INC. FACILITY PROJECT ADDRESS: 12th Street and Oceanfront Virginia Beach, Virginia 23451 TYPE OF PROJECT: Motel Addition and Ancillary Parking Garage ,i I A meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers on Monday, September 15, 1986. On Motion by Councilman John D. Moss Harold Heischober and seconded by , the following Resolution was adopted. RESOLUTION OF THE CITY COUNCIL APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REV- ENUE BONDS TO NEWCASTLE MOTEL, INC. WHEREAS, the City of Virginia Beach Development Authority (the "Authority"), has considered the application of the Newcastle Motel, Inc. (the "Company") for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $750,000 (the "Bonds") to assist in the financing of the Company's construction and equipping of a one 2 story 56 space parking garage and a one 4 story 12 efficiency motel unit addition to the existing Newcastle Motel consisting of approxi- mately 6,664 square feet (all improvements and land being col- lectively referred to as the "Facility") to be located at 12th Street and Oceanfront in Virginia Beach, Virginia, and has held a public hearing thereon on September 9, 1986; and WHEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "City"), to approve the issuance of the Bonds to comply with Section 103(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to 515.1-1378.1, Code of Virginia, 1950, as amended, a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to be agreed upon, and a reasonably detailed summary of the comments expressed at the public hearing, if any, have been filed with the Council of the City of Virginia Beach, Virginia; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, approves the issuance of the Bond by the City of Virginia Beach Development Authority, in a principal amount not to exceed $750,000 for financing the construction and equipping of a one 2 story 56 space parking garage and a one 4 story 12 efficiency motel unit addition consisting of approximately 6,664 square feet to the existing Newcastle Motel to be located at 12th Street and Oceanfront in Virginia Beach, Virginia for the bene- fit of Newcastle Motel, Inc., to the extent required by Section l03(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Bond, as required by Section l03(k), does not constitute an endorsement of the Bond or the creditworthiness of the Company, but, as required by Section 15.1-1380 of the Code of Virginia of 1950, as amended, the Bond shall provide that neither the City nor the Authority shall be obligated to pay the Bond or the interest thereon or other costs incident thereto except from the reve- nues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. 3. In approving the Resolution, the City of Virginia Beach, including its elected representatives, officers, employ- ees and agents, shall not be liable and hereby disclaims all liability for any damages to any person, direct or consequen- tial, resulting from (1) the Authority's failure to issue bonds for the Facility for any reason, including but not limited to any decision by the Authority in its sole discretion to allo- cate its allowable private activity bond limit to one or more other projects if the issuance of tax-exempt bonds by the Au- thority is restricted by any State or Federal statute now or hereafter enacted; or (2) the Authority's failure for any rea- son after the issuance of the Bonds for the Facility to allo- cate a portion of its allowable private activity bond limit to the Facility if the issuance of tax-exempt bonds by the Author- ity is restricted by any State or Federal statute now or here- after enacted. -2- ,i I 4. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Vir- ginia, on September 15, 1986. I certify the foregoing to be a true and correct copy of a resolution adopted by the City Council of the City of Virginia Beach, Virginia, at a regular meeting held September 15, 1986. Clerk -3- ,II I SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAM~: Southern Professional Center II 2. LOCATION: 2716 Southern Boulev~rd Virginia Beach, VA 23452 3. DESCRIPTION OF PROJECT: 15,000 square foot commercial office - . building 4. AMOUNT OF BOND ISSUE: $900,000 5. PRINCIPALS: Robert H. DeFord, Jr. and DeFord, Ltd. 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property b. Is rezoning proposed? Yes - No x c. If so, to what zoning classification? . " . . ). . Economic Impact Statement 1. Amount of investlii0nt 2. Amount of industrial revenue bond financing sought 3. Estimated taxable value of the facil;ty's real property to be constructed in the City of VirginIa Beach 4. Estimated real property tax per year using present tax rate 5. Estimated personal property tax 6. Economic impact statement demonstrating the overall return to the city: A. Number of new jobs 10 B. Payroll generated $150,000 C. Number of jobs retained N/A ,i I $900,000 $900,000 ..:,'~ -~~':;:::~:~~- ~--' ~-. .,' $900,000 $ 7,200 $ 360 'P Av. Wage $15.000 D. Payroll retained $ N/A Av. Wage $ E. Estimate of the value of goods and services purchas~d within the geographic boundary of Virginia Beach by type (inventory, machinery, professional services, insurance, motor vehicles, etc.): Type Value Equipment. $ lO,OOO $- -5{}-,G-O 0 -Prefessional services Labor $ 60,000 $ TOTAL $l20,000 . ;, , . ; II I I F. Estimated building permit fee and other municipal . fees $ /! I . G. Estimated construction payroll $ .; " H. Estimated value of construction material . -.- .' --. ',' - --.:.:..:. :~:,,:..''''; ~ ... -" ".- to be purchased within the City of Virginia Beach $ / / L.i 'I , lLL'( ,l,lt I. Estimated number of construction jobs ,",' ,~- J. Any other items which the applicant feels the Authority should be made aware of in evaluating the project 7. Is the site currently zoned for the use of being proposed for industrial revenue bond financing? Yes X No 8. Has a bond purchase agreement/commitment been accepted by the applicant? (attach a,copy) Yes ~~NO 9. Will the bond financing close within 90 days from the date of adoption of the inducement resolution? Yes X No 10. Location of project (attach location map) 2716 Southern Boulevard, Virginia Beach, VA 23452 11. Explanation of alternative financing that has been reviewed for project ...... .' . ~ ~ . , f' 'I' , . -.1 I hereby certify that the information stated in the above Economic Impact Statement-is accurate and true in all respects. (Applicant) Subscribed and sworn to before me this 1984. day of , Notary Public My Commission Expires: ~ .. " ;. '1 ji I FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: July 14, 1986 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: Southern Professional Center II TYPE OF FACILITY: Commercial Office Building 1. Maximum amount of financing sought $ 900.000.00 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ 900,000.00 3. Estimated real property tax per year using present tax rates ~ 7,200.00 4. Estimated personal property tax per year using present tax rates $ 5. Estimated merchants' capital (business license) tax per year using present tax rates $ 360.00 6. Estimated dollar value per year of goods and services that will be purchased locally $ 100,000.00 7. Estimated number of regular employees on year round basis 8. Average annual salary per employee $ 10 $ 15,000.00 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with repect thereto. City of Virginia Beach Development Authority By /t,.C",IIU Juins MJp 5 '/o-d, hl ,.'U,Utlll' 1 K \:~. c o H ;J -( '. \ \j5" ~~ ' '- V.. "-~,'I "-" ):?',:' ~'I ,":::;./ -:),; ~/ '- ,>, 8~O ' ~LJ /' , " l ,1 T .HE PROJECT NAME: Southern Professional Center PROJECT LOCATION: 2716 Southern Boulevard rpVU'k' /l'k' 'P'Q/l.1'l<'f''\''. f'nmmpr(";""l n'f'fir"C> 'Rlli1r!;nrY K Ii I I RESOLUTION OF CITY COUNCIL OF VIRGINIA BEACH APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND FOR SOUTHERN PROFESSIONAL CENTER, II WHEREAS, the City of Virginia Beach Development Authori ty, whose address is 770 Lynnhaven Parkway, Sui te 200, Virginia Beach, Virginia (the "Authority") has considered and adopted a Resolution of Intent (the "Resolution") approving the application of Southern Professional Center, II, a Virginia general partnership, or assigns, whose address is 2712 Southern Boulevard, Suite 202, Virginia Beach, Virginia 23452 (the "Purchaser"), for the issuance of the Authority's industrial development revenue bond in an amount estimated at not more than $900,000 (the "Bond") to assist in the financing of the Purcha- ser's construction and equipping of a 15,000 sq. ft. commercial office building (the "Project") located on real property in the City of Virginia Beach, Virginia, which is owned by the Purchaser, and has held a public hearing thereon on September 9, 1986, and; WHEREAS, the Authori ty has requested the Council (the "Council") of Virginia Beach, Virginia (the "City") to approve the issuance of the Bond to comply wi th Sect i.on 103 (k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to ~15.1-1378.1, Code of Virginia, as amended, a copy of the Authority's resolution approving the issuance of the Bond, subject to terms to be agreed upon and a reasonably detailed summary of the comments expressed at the public hearing, if any, have been filed with the Council of the City of Virginia Beach, Virginia; THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, approves the issuance of the Bond by the Authority for the bene- fit of Southern Professional Center II, a Virginia general part- nership, its ass igns and successors, to the extent of and as - 1 - required by Section 103(k) of the Internal Revenue Code, to per- mit the Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bond, as required by Section 103(k), does not constitute an endorsement of the Bond or the creditworthiness of the Purchaser, but, pursuant to Chapter 643, Acts of Assembly of 1964, as amended, the Bond shall provide that nei ther the Ci ty nor the Authori ty shall be obligated to pay the Bond or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. In approvi ng the Resolution, the Ci ty of Vi rg inia Beach, including its elected representatives, officers, employees, and agents, shall not be liable and hereby disclaims all liability for any damages to any person, direct or consequen- tial, resulting from (1) the Authority's failure to issue bonds for the Project for any reason, including but not limited to any decision by the Authority in its sole discretion to allocate its allowable industrial development bond volume to one or more other projects if the issuance of tax-exempt bonds by the Authority is restricted by any State or Federal statute now or hereafter enac- ted; or (2) the Authority's failure for any reason after the issuance of bonds for the Project to allocate a port ion of its allowable industrial development bond volume to the Project if the issuance of tax-exempt bonds by the Authori ty is restricted by any State or Federal statute now or hereafter enacted. 4. This Resolution shall take effect immediately upon its adoption. Adopted by a majority of a quorum of the Council of the City of Virginia Beach, Virginia, on September 15 , 1986. CITY COUNCIL OF VIRGINIA BEACH By: spc#l ccr.spc.c - 2 - ,I I SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. PROJECT NAME: Airport Industrial Park Project 2. LOCATION: Air Rail Avenue Virginia Beach, Virginia 3. DESCRIPTION: acquiring, improving, and con- structing an Industrial Park Facility 4. AMOUNT OF BOND ISSUE: $3,000,000 (Modification and Extension) 5. PRINCIPALS: Development Authority of the City of Virginia Beach, 770 Lynnhaven Par~Nay, Virginia Beach, Virginia, 23456 6. ZONING CLASSIFICATION: a. Present zoning Classifi- cation of the Property I-I b. Is Rezoning Proposed? Yes No X c. If so, to What Zoning Classification? 'I I FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: September 15, 1986 TO: The City Council of Virginia Beach, Virginia PROJECT NAME: Airport Industrial Park Project TYPE OF FACILITY: Industrial Park Facility 1. Maximum amount of financing sought 2. Estimated taxable value of the facility's real property to be constructed in the municipality $ 3,000,000.00 ~;30, 000,000.00 3. Estimated real property tax per year using present tax rates $ 240,000.00 4. Estimated personal property tax per year using present tax rates ~) 32,500.00 5. Estimated merchants' capital (business license) tax per year using present tax rates $ Unknown 6. Estimated dollar value per year of goods and services that will be purchased locally $ 780,000.00 7. Estimated number of regular employees on year round basis 250 - 350 8. Average annual salary per employee $ 14,000.00 The information contained in this Statement is based on facts and estimates provided by the Applicant. -----.". City of Virginia Beach Development Authority By 1,&88,000 -------~ ~.. --------------- ~' ------------ --------- 1.681.000 1.010,000 ----- 60 I ~/ ,-_('H. Q<,!, -I...~~ ('1> ~ ~irport lndustrial par~ 'PROJBCT N~B: 'PROJBCT LOCl'SlON: Air Rail A'ienue Virginia >>eacn. virginia lndustrial par~ facility T'l'PB ot' 'PROJECT: RESOLUTION APPROVING THE MODIFICATION OF AN INDUSTRIAL DEVELOPMENT REVENUE NOTE FOR THE AIRPORT INDUSTRIAL PARK FACILITY WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has considered its application for the modification of the Authority's industrial development revenue Notes to allow the Authority to extend repaying its $3,000,000.00 Note from January 1, 1987, to January 1, 1988 to assist in the financing of the Authority's acquisition, improvement, and construction of an Industrial Park site on approximately 48 acres of land (the "Facility") at Air Rail Avenue in the City of Virginia Beach, Virginia, and has held a public hearing thereon on September 9, 1986; and WHEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "City"), to approve the modification of the Industrial Park Note so as to comply with Section 103(k) of the Internal Revenue code of 1954, as amended; and WHEREAS, pursuant to Section 15.1-1378.1, Code of Virginia of 1950, as amended, a copy of the Authority's Resolution approving the modification of the Industrial Park Note, subject to terms to be agreed upon, and a reasonably detailed summary of the comments expressed at the public hearing, if any, have been filed with the Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, approves the modification of the Industrial Park Note by the City of Virginia Beach Development Authority for the benefit of the City of Virginia Beach Development Authority to the extent of and as required by Section 103(k) of the Internal Revenue code, to permit the Authority to modify the repayment terms of the financing of the Facility. 2. The approval of the modification of the Industrial Park Note, as required by Section 103(k), does not constitute an endorsement of the Industrial Park Note or the creditworthiness of the Applicant, but pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the modification of the Note shall provide that neither the City nor the Authority shall be obligated to pay the Note as modified or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pleaded thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by a majority of a quorum of the council of the City of Virginia Beach, Virginia on September 15 , 1986. 2 - 33 - Item II-G.2. c RESOLUTIONS INDUSTRIAL DEVELOPMENT REVENUE ITEM # 26024 BONDS Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council ADOPTED: Resolution approving the issuance of Industrial Development Revenue Bonds: VISTA CARE PARTNERSHIP $ 3,000,000 Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf,* Nancy K. Parker and John L. Perry Council Members Voting Nay: Reba S. McClanan** Council Members Absent: None *Verbal Aye **Verbal Nay Ar.r./ 4/25/84 EXHIBIT F SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND ~ ~ 1. PROJECT NAME: 2. LOCATION: 3. DESCRIPTION OF PROJECT: 4. AMOUNT OF BOND ISSUE: 5. PRINCIPALS: 6. ZONING CLASSIFICATION: a. Present zoning classification of the Property b. Is rezoning proposed? c. If so, to what zoning classification? Vista Care Partnership End of Old Donation Parkway extended on the north side of Vlrglnla Beach General Hospital Adult residential care facility $3,000,000 Glen Yates, Jr. Alex W. Asble R. Patrick Deans R-4 High Density, Use Permit #4966 Yes No XX 'I I Exhibit D FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: August 14, 1986 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: Vista Care Partnership TYPE OF FACILITY: Adult residential care facility 1- Maximum amount of financing sought $3,000,000 2. Estimated taxable value of the facility's real property to be constructed in the $2,500,000 municipality 3. Estimated real property tax per year using present tax rates $ 20,000 4 . Estimated personal property tax per year using present tax rates $ l2,000 5. Estimated merchants' capital (business license) tax per year using present tax rates $ N/A 6. Estimated dollar value per year of goods and services that will be purchased locally $ 500,000 7. Estimated number of regular employees on year round basis $ 40 8. Average annual salary per employee $ lO,OOO The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with repect thereto. City of Virginia Beach Development Authority By " ~ { ", Economic Impact Statement 1. Amount of investment 2. Amount of industrial revenue bond financing sought 3. Estimated taxable value of the facility's real property to be constructed in the City of Virginia Beach 4. Estimated real property tax per year using present tax rate 5. Estimated personal property tax 6. Economic impact statement demonstrating the overall return to the city: A. Number of new jobs 40 ___ possible B. Payroll generated $ .400,000 . Av. Wage" $10.000 c. Number of jobs retained D. Payroll retained $ Av. Wage $ E. Estimate of the value of 'goods and services purchased within the geographic boundary of Virginia Beach by type (inventory, machinery, professional services, insurance, motor vehicles, etc.): Type Value Groceries/Kitchen $. 250,000 $:" 50,000 $ 150,000 Laundry/Linen Nursing , . Motor, plant, mainten~ce50,000 TOTAl $ 500,000 Exhibit H $3.000.000 $3,000,000 $2,500,000 $ $ ..2.0 , 0 0 0 12,000 II I I ( ( F. Estimated building permit fee and other municipal fees $ 50,000 G. Estimated construction payroll $1 , 250 , 000 H. Estimated value of construction material to be purchased within the City of Virginia Beach $ l,OOO,OOO 1. Estimated number of construction jobs 25 man years J. Any other items which the applicant feels the Authority should be made aware of in evaluating the project 7. Is the site currently zoned for the specific use being Zoned proposed for industrial revenue bond financing? Yes XX No 8. Has a bond purchase agreement/~ommitment been accepted by the applicant? (attach a copy) Yes No XX 9. Will the bond financing close within 90 days from the date of adoption of the indu~ement resolution? Yes XX No 10. Location of project (attach location map) End of Old Donation Parkway extended on the north side of Virginia Beach General tiOSp1ta.L 11. Explanation of alternative financing that has been reviewed for project None --- -------- '. ---------- ( /~~.:( , ' . ........ ., .... .' "'".'~' . ". .. ..:~., . ,.i \ ...... .." ; .....,.. '. . .. .' .. . ,,'" ...~,. ~.: .1,~3 Co.!-.- .,~."':->t.'.'. '. ',','-, ... .~ .. . .'::: ". '. ....;:: .. -' '::. '. :"~. '. .(.{., .. ,:~ T.:~.~'';''; ~'t;. ':. .:. . ". · :~. . . , " ' ,;'. ", ':.' .c'<< . ...,.,' ....... 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( (. <. -- .... - 36 - ..~ ~ ..-- ? ~ .......... ..... vista Care ~artnershiP north siae II; I RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (Vista Care Partnership Facility) WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has considered the application of Vista Care Partnership, a Virginia general partnership, or any partnership or corporation of which Glen Yates, Jr. is a partner or shareholder (the "Company") for the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $3,000,000 (the "Bonds") to assist in the financing of the Company's acquisition, construction and equipping of an adult residential care facility, consisting of approximately 37,940 square feet, to be located at the end of Old Donation Parkway extended on the north side of Virginia Beach General Hospital in the City of Virginia Beach, Virginia (the "Facility"), and has held a public hearing thereon on September 9, 1985; and WHEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "City") to approve the issuance of the Bonds to comply with Section l03(k) of the Internal Revenue Code of 1954, as amended; and WHEREAS, pursuant to Section l5.l-l378.l of the Code of Virginia, 1950, as amended, a copy of the Authority's Resolution approving the issuance of the Bonds, subject to terms to be mutually agreed upon, and a reasonably detailed summary of the comments expressed at the public hearing, if any, have been filed with the Council of the City of Virginia Beach, Virginia. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: l. The Council of the City of Virginia Beach, Virginia approves the issuance of the Bonds by the City of Virginia Beach Development Authority for the benefit of Vista Care Partnership, or any partnership or corporation of which Glen Yates, Jr., is a partner or shareholder, to the extent of and as required by Section l03(k) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Bonds, as required by Section l03(k) does not constitute an endorsement of the Bonds or the creditworthiness of the Company; but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. In approving the Resolution, the City of Virginia Beach, including its elected representatives, officers, employees, and agents, shall not be liable and hereby disclaims all liability for any damages to any person, direct or consequential, resulting from (l) the Authority's failure to issue bonds for the Facility for any reason, including, but not limited to, any decision by the Authority in its sole discretion to allocate its allowable industrial development bond volume to one or more other projects if the issuance of tax exempt bonds by the Authority is restricted by any state or federal statute now or hereafter enacted; or (2) the Authority's failure for any reason after the issuance of bonds for the Facility to allocate a portion of its allowable industrial development revenue bonds by the Authority is restricted by any state or federal statute now or thereafter enacted. 4. This Resolution shall take effect immediately upon its adoption. ADOPTED by a majority of a quorum of the Council of the City of Virginia Beach, Virginia on September l5, 1986. - 34 - Item II-H.1 ORDINANCES ITEM # 26025 Sam Houston, Sr, complimented the City Council on the ADOPTION of said Ordinance. Upon motion by Councilman Heischober, seconded by Councilman Perry, City Council ADOPTED: Ordinance to authorize the City Manager to execute an Agreement with the Virginia Beach Community Development Corporation. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum*, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None *Verbal Aye ~o~+~mh~~ 1~ 1noL Ii I 34a Requested by the Department of Housing and Community Development AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WHEREAS, the City of Virginia Beach desires assistance to provide services to faci I itate the overall revital ization of low and moderate income neighborhoods, to encourage private investment in these neighborhoods in a manner consistent with the purpose of the City's neighborhood plans for target areas, and to involve the community in the revitalization of these areas; and WHEREAS, the Virginia Beach Community Development Corporation (VBCDC) is a non-profit organization which may assist residents of Virginia Beach in the utilization of available resources to meet their needs; WHEREAS, the City wishes to enter into a contract with the VBCDC to provide this assistance to residents; and WHEREAS, the City shall monitor the VBCDC to ensure compl iance with U. S. Department of Housing and Urban Development (HUD) fiscal and performance requirements for subrecipients of Community Development Block Grant (CDBG) funds; and Iv HER E AS, the V BCD C s h a I I com ply wit h the C i t Y 's G ran t Guidel ines for Agencies Receiving Funds from the City of Virginia Beach to fund activities which benefit the citizens and the community. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that the attached Agreement is hereby approved and the City r~anager is hereby authorized and directed to sign the agreement with VBCDC for the purposes referenced above and for the terms and conditions more fully specified in an agreement attached hereto and incorporated by reference. This ordinance shall be effective from the date of its adoption. Adopted by Council of the City of Virginia Beach, Virginia on the 15th day of September , 1 986. APPROVED AS TO CONTENT: APPROVED AS TO FORM: ~ S f;t. City Attor ey Mar . Ustick, Depar ent of Housing and Community Development Attachment ,II, 6 , AGREENENT , This Agreement, entered into as of the day of 1986, is a contrac t by and between the City of Virginia Beach I (hereinafter called CITY) and Virginia Beach Community Development Corporation (hereinafter called VBCDC). WIT N E SSE T H: WHEREAS, the CITY has received funds from the U.S. Department of Housing and Urban Development under the Community Development Act of 1980 (Pub. L. 96-99); and WHEREAS, the CITY has allocated a portion of these funds to be utilized to promote housing and economic development activities; and WHEREAS, the CITY has solicited the non-profit corporation as is specified under Section 501 (c) ( 3 ) of the Internal \ Revenue Code of 1954 (or the corresponding provisions of any future United States Internal Revenue Law) to assist the residents of Virginia Beach in the utilization of all available resources to meet their needs; and WHEREAS, the CITY desires to engage the VBCDC to assist in the provision of services to facilitate the overall revitalization of low and moderate income neighborhoods, to encourage private investment in these neighborhoods in a manner whi~h is consistent with the purposes of the City's neighborhood plans for the target areas and other low and moderate income areas, and to involve the community in the revitalization of these areas, and WHEREAS, the VBCDC has submitted a strategic plan which add r e .. .. e.. the s pee i fie low and mod era t e i n c 0 OIl! h 0 u sin g nee d s 0 f the residents of Virginia Beach and represents that it is qualified and willing to perform the services in connection with providing available resources to meet their needs. NOW THEREFORE, in connection with these premises and mutual covenants, promises and representations contained herein, the two parties do mutually agree to the following: ,II' I 1. General Scooe of Services - The strategic plan for the VDCDC provides a framework for directing the VBCDC's services and programs for the next five years (1985-l990) and is attached hereto and incorporated by reference. The VBCDC will act 8S an advisor to the City serving to relate target assist the private business and social areas to City government. In tbe City in carrying out tbe communities within the this capacity, it will Community Development functions invol~ed in the revitalization of the target neighborhoods through its and otper Doard of low and moderate Directors its income areas. Acting staff personnel and consultants, it will carry out a series of concerted actions deemed appropriate to achieve the rebuilding or rehabilitation of tbe target areas in ways which are consistent with the City's plans for these areas and which afford opportunities for minority participation in economic development. 2. Pro2,ram Ob iectives In general terms, the vnCDC will conduct such activities in the revitalization of the target areas as may be appropriate to enhance the community's awareness of the revitalization process and provide basic education concerning that process. Specific objectives of the vnCDC include the following: (a) to broaden and diversify the economic base of the target areas; (b) to assist the growth and development of private investment in the target areas; (c) to create new employment opportunities for target area residents and other low and moderate income persons; (d) to mobilize financing for housing and economic development in the target areas; (e) to educate, provide, train and assist labor forces in those fields of activity where new skills are needed; and 2 ; II; I (f) to promote and assist in the development of housing in the target neighborhoods and other low and moderate income areas. 3. Plannin~ Years It is envisioned that the revitalization plans for the target areas will be implemented and carried out over a term of several years. Therefore~ administrative budgets for all years during which this Contract is extended during which similar contracts are entered into between the CITY and the vnCDC will be presented to the CITY on or before November 1 of the year preceding the fiscal year July 1st - June 30th contract year. Requests for funding of projects will be submitted to the City on or before March 1st of the year preceding the fiscal year July 1st - June 30th contract year. 4. Bud~et Controls and Revisions The VBCDC agrees to expend the funds provided to it by the City in accordance with the Work Program and with the Budget Allocation attached hereto and incorporated by reference. No funds will be expended or obligated by the VBCDC unless done pursuant to such line-item budget, and any changes in the Work Program or the line-item budget must be approved in writing by the CITY. Notwithstanding the foregoing, and so long as the overall expenditures do not exceed the total of budget funds set out in the Budget Allocation, changes of program or administrlltive expenditures di~fering from the line-item budget may be made if they do not exceed a line-item by more than ten percent (10%). Any variance greater than ten percent (10%) must be approved in writing by the CITY prior to disbursement. S. Development of Work Pr02ram and Bud2et - The VBCDC's recommended work program for the project year is as follows: A. Promote Community Involvement: (1) The VBCDC will conduct its corporate operations in such a manner as to provide a citizen clearing house of information and a focal point for community involvement in the revitalization of the target neighborhoods. 3 b...&. ...............a...... ..._,._.........._____.._..., (2) Seek out development opportunities and provide prospective entrepreneurs with technical assistance in preliminary planning. site selection and layout, testing and determining economic feasibility. development of innovative public/p~ivate financing, and obtain financial commitments. (3) Keep the community informed of progress by means of the dissemination of informational material and periodic public meetings. (4) Solici~. evaluate and communicate to the CITY the suggestions. advice and opinion of the residents and businesses located within the targeted areas. (5) In conjunction with the CITY. develop priorities for areas of concerted action and specific efforts. B. Administration of Corporate Operation: (1) The VBCDC will manage its corporate affairs in a regular and effective manner. continuing to keep appropriate books and records accurately reflecting all financial transactions of the VBCDC. (2) Conduct appropriate corporate and other meetings and attend to the issuance of proper notice and preparation and retention of minutes relating thereto. (3) Make such reports to the City as may be required by such bodies in their compliance with regulations governing the execution of the Community . Development Program. (4) Ensure that all expenditures of funds are made pursuant to approved budgets. 6 . Accounts and Accountabilitv The VBCDC agrees to maintain adequate books and records relating to the receipt. expenditure and retention of all funds received under this Agreement. The VBCDC agrees to submit semi-annual performance reports of the activities undertaken under this Agreement and to provide monthly financial reports of all receipts and 4 disbursements for review by the CITY. The VBCDC shall permit the CITY, or their duly authorized representatives, to audit, inspect, examine and make excerpts or copies of and from all of its books, accounts, records, files' and other papers relating to the work performed by the VBCDC under this Agreement. 7 . Part II Terms and Conditions This Agreement is subject to and incorporates by reference herein all the provisions of Part II - Terms and Conditions, which is attached hereto and made a part of hereof. IN WITNESS WHEREOF the parties here caused this Agreement to be executed by the signatures of the respective chief executive officers, as duly authorized. CITY OF VIRGINIA BEACH VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION BY: Thomas H. Muehlenbeck City Manager t~J> Vi. Jr. Y DATE: DATE: Y;-7--~v TESTE: Ruth Hodges Smith City Clerk DATE: APPROVED AS TO CONTENT: APPROVED AS TO FORM: Dep,artment of Housing and Community Development City Attorney APPROVED AS TO FUND AVAILABILITY: 5 PART II - TERMS AND CONDITIONS TO THE AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND THE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION DATED , 1986 I. DEFINITIons: The' follow in g t e r m s are de fin e d as tot h e i r usage in this Agreement: A. "CITY" - Wherever the word "CITY" appears, it shall mean the local government of the City of Virginia Beach, as represented by its City Manager or his designee. Specifically, the principal City agency responsible for the administration of this Agreement is the Department of Housing and Community Development. B. "VBCDC" Wherever "VBCDC" appears, it shall mean Virginia Beach Community Development Corporation, located at 397 Little Neck Road, Virginia Beach, Virginia, represented by its Chairman of the Board of Directors. C. "COMPOSITION" - The Board shall be composed of seven (7) directors who shall be appointed by the City Council of the City of Virginia Beach. The Board shall serve until their appointed terms expire. City Council may also appoint an additional director, who shall be an ex officio member with no voting powers. D. "TERM" Three (3) directors shall originally be appointed to serve four (4) years, two (2) directors to serve three (3) years, and two (2) directors to serve two (2) y e, a r s . The ex officio director shall originally be appointed to serve two (2) years. Thereafter, all directors will be appointed for a term of four (4) years. No director may serve more than ten (10) successive years. II. INDEMNIFICATION AND INSURANCE: A. Every person now or hereafter a director or officer of the corporation (and his/her heirs, executors, and administrators) shall be indemnified by the corporation a g a ,i n 8 tal 1 c 0 s t san d e x pen s e s, i n c 1 u din gal 1 6 attorney's fees, imposed upon or reasonably incurred by him/her in connection with or resulting from any action, suit, proceeding, or claim to which he/she is or may be made a party by reason of his/her being or having been a director or officer of the corporation (whether or not a director or officer at the time such costs or expenses are incurred by or imposed upon him/her) except in relation to matters as of which he/she shall have finally been adjudged in such action, suit, or proceeding to be liable for gross negligence or willful misconduct in the performance of his/her duties as such director or officer. Such right of indemnification shall not be deemed exclusive or any right to which he may be entitled under any other bylaw, agreement, or otherwise. B. VBCDC assumes responsibility for ensuring that all grants comply with all guidelines and regulations that are attached thereto. In the event that any grant monies are required to be returned to the granting authority, VBCDC agrees to make restitution to the City in the full amount of the required refund. VBCDC further agrees to defend and save harmle8s the City from any and all claims arising out of VBCDC's performance under this Agreement. C. VBCDC agree8 to secure and maintain in effect at all tim~8 during the period this Agreement is in effect, comprehensive general liability in8urance at limits not le8s than One Million Dollars ($1,000,000.00), and director's fidelity bond at limits not le88 than One Million Dollars ($1,000,000.00) and directors and officer's liability insurance at limits not less than One Million Dollars ($1,000,000.00>' Such insurance shall be written by companies authorized to do business in the Commonwealth of Virginia acceptable to the City and the limits of 8aid insurance shall not be less than 7 One Million Dollars ($1,000,000.00) and shall on all occasions be-equal to or greater than the amount of the grant monies appropriated to the YBCDC by the City. Proof of insurance shall be submitted to the City prior to beginning work under the Agreement and shall be maintained in full force and effect during the entire term of the Agreement. Ill. OWNERSHIP OF DOCUMENTS: It is understood and agreed by and between the parties hereto that all reports, studies, calculations, memoranda, estimates, computations, etc. produced by VBCDC, in the execution of this Agreement shall become and remain the property of the City upon termination of this Agreenlent or completion of the work, and the City shall have the right to use same for any public purpose without compensation to VBCDC other than as hereinafter provided. VBCDC hereby grants access to any duly authorized representative from the City, from the Comptroller General of the United States, from the U.S. Department of Housing and Urban Development, or any other relevant federal agency, to the records and documents pertaining to this Agreement which are in their possession or under their control. Suc h access shall be for the express purpose of making audit, examination, excerpts, and transcription. thereof. VBCDC shall preserve and maintain all contract records and doc u ~ e n t s f 0, rat I e as t t h r e e (3) yea r s aft e r the C i t Y makes final payment of thi. Agreement, after all pending matters under this Agreement are closed. IV. CONTRACT: A. Duration: All services identified in Part I of this Agreement shall upon approval by City Council and the availability of funds be renewed on July 1st of each program year. B. Subcontracts: VBCDC shall not subcontract or otherwise assign any of the services covered in Part I which are 8 , funded by CDBG funds, without prior written approval by the City. Any approved subcontracting activities will comply with applicable business opportunity standards for federally-assisted contracts. V. PROGRAMMATIC REVIEWS: From time-to-time during the term of this Agreement, the City may review and evaluate the content, quality, and progress 'of the program outlined in this document. This will be accomplished by monitoring the books, accounts ~ and records of VBCDC to assure that funds are spent in the manner prescribed in this Agreement. As a result of such review and evaluations, the City may require in writing that the scope of services by revised. VBCDC will acknowledge such change(s) and indicate how the change(s) is (are) being implemented. VI. RULES AND REGULATIONS: All the rules and regulations promulgated pursuant to and otherwise applicable to the Community Development Act of 1980 (P.L. 96-99) are hereby incorporated by reference. VBCDC is responsible to the City for complying with those rules and regulations which are applicable to this Agreement, as determined by the City. The City's Grant Agreement with the U.S. Department of Housing and Urban Development for the Community Development Block Grant Program shall take precedence over any conflicting conditions in this Agreement. VII. ENVIRONMENTAL REVIEW: The City will meet any environmental impact, protection, or review responsibilities entrusted under the National Environment Policy Act of 1969 (Public Law 1-190) and the regulations issued pursuant thereto. VIII.TERMINATION: The City and VBCDC hereby agree to the following conditions, processes, and rights pertaining to termination of this Agreement: A. For Cause: The City retains the right to terminate this Agreement for cause as determined through standard contract administration principles and as provided by law. 9 B. Noncompliance: If VBCDC fails to comply with the rules and regulations referenced in Section VI, the City reserves the right to terminate this Agreement after a reasonable attempt to secure compliance. C. Notification: If this Agreement is terminated, the City shall notice will immediately notify VBCDC in writing. Such include the effective date, the time, the reason(s) for the action, and the identity of a contact person with whom to close out any pending matters. D. Settlem~nt Compensation: The City shall compensate VBCDC only for services time of the termination rendered up to the date and and accepted by the City as satisfactory. Such compensation shall be paid when all pending matters from the Agreement are closed out. Any equipment costing more than One Thousand Dollars ($1,000.00) shall be used solely for carrying out the provisions in this Agreement. In the event of the termination of this Agreement for cause. all such equipment shall become the property of the City and all funds appropriated by City to the VBCDC are to be returned to the City. IX. CONFLICT OF INTEREST: In the procurement of supplies, equipment. construction. and services. the provisions of Section 510.611 of Title 24 Code of Federal Regulations and the Virg~nia C~mprehensive Conflict of Interest Act contained in Chapter 40 of Title 2.1 of the Code of Virginia shall apply. ,Such cases include the acquisition and disposition of real property and the provision of assistance by the recipient or by its subrecipients to individuals, businesses. and other private entities under eligible activities which authorize such assistance. No member of the governing body of the City or other officer. employee. or agent of the City who exercises any functions or responsibilities in connection with the review. 10 approval, or execution of the Community Development Plans for the target areas shall have any personal interest, direct or indirect, in this Agreement. The members of the VBCDC shall comply with the Conflict of Interest Ordinance for the City of Virginia Beach. x. EQUAL EMPLOYMENT OPPORTUNITY: During the performance of this Agreement. the vnCDC agrees as follows: A. The VBCDC shall not discriminate against any employee or applicant for employment because of race. color. religion. sex. or national origin. The VBcnc shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race. color. religion, sex. or national origin. Such action shall include. but not be limited to, the following: employment, upgrading, demotion, or transfer~ recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The vnCDC agrees to post in conspicuous places, available to employees and applicants for employment. notices to be provided by the City setting forth the provisions of this nondiscrimination clause. B. The VBCDC shall, in all solicitations or advertisements for ~mployees placed by or on behalf of the VBCDC, state that all qualified applicants will receive consideration for employment without regard to race. color, religion. sex, or national origin. C. The VBCDC sball cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement so that sucb provisions shall be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. 11 ....11 '" --.. ........--- .-'-" .-. ...-.-. ". ~-_...~._.~ -.-..--..-......... . -" . ' XI. LABOR STANDARDS: Insofar as they are applicable to the activities performed by the vnCDC under this Agreement. the vnCDC agrees to comply with the minimum wage and maximum hour provisions of the Fair Labor Standards Act (29 USC 201 et seQ.), the Davis Bacon Act (40 USC 276A to 276A-7), the Contract Work Hours and Safety Standards Act (40 usc 327- 330), and the regulations implementing said acts set out in 29 CFR Part 5. XII. COHPLIANCE HITH LOCAL LAWS: The vnCDC agrees in the performance of t~is Agreement to comply with all applicable laws and ordinances of the State of Virginia and the City of Virginia Deach. The VBCDC agrees that none of the XIII. SUBCONTRACTING: services covered by this Agreement shall be subcontracted without the prior written consent of the City, provided, however, that services required in the day-to-day course of business are not contemplated as those referred to in this paragraph. In tbe event that VBCDC shall, with the approval of the City. contract for construction work in connection with the execution of this Agreement, it agrees to insert in each subcontract appropriate provisions requiring compliance with the labor standard provisions set out above. The VBCDC agrees not to assign any interest XIV. ASSIGNABILITY: in this Agreement without the prior written approval of the City. XV. COl1PENSATION: The City and VBCDC agree to the following terms relating to compensation under the Agreement: The total sum of all payments made by the City to VBCDC for services under this Agreement are not to exceed Eighty-five Thousand Seven Hundred and Seventy-eight Dollars ($85,778.00)for program year 1986-1987. This sum shall constitute the compensation for the service identified herein,and rendered to the City. XVI. CLAIMS FOR EXTRA COMPENSATION: In any case where VnCDC 12 believes extra compensation is due for work and services not clearly covered by this Agreement or supplement thereto, VBCDC shall promptly notify the City in writing of their intention to make claim for such extra compensation before they begin the work or provide the services on which they base their claim. If such notification is not given, no claim for such extra compensation will be considered. Such notice by VBCDC shall not in any way be construed as proving the validity of the claim. The claim must be approved by the City. In case the claim is found to be just, it shall be allowed and paid for as extra work in accordance with the terms of n supplemental agreement entered into before such work is started. This in no way applies to funds received from sources other than the City. XVII. HETHOD OF PAYHENT: The City shall pay VBCDC upon receipt of an invoice identifying the services for which payment is sought and detailing the actual expenditures incurred, except that the first payment shall be an advance payment, hereinafter referred to as the "Advance Payment." The Advance Payment shall detail the expenditures expected to be incurred for the month following receipt of the Advance Payment. The Advance Payment shall be in accordance with an approved budget which shall be made a part of this Agreement. Subsequent payments shall be made upon receipt of and accounting of the use of the advance, accompanied by a requisition for payment upon which VBCDC shall identify and certify the services completed and stating that it is due the funds. All funds paid by the City to the XVIII. UNEXPENDED FUNDS: VBCDC hereunder which remain unobligated as of the end of this Agreement or at the end of any extension thereof shall be returned to the City. 13 XIX. PERFORHANCE BONDS OR LETTERS OF CREDIT: In its implementation of future grants that may be appropriated by the City, the VBCDC agrees to require developers and/or contractors to post bonds or letters of credit in the amount of the coulmunity pursuant to an development funds agreement with disbursed by the VBCDC said developer and/or contractor. The bonds or letters of credit shall be in a form and with a company acceptable to the City Attorney, which bond or letter of credit guarantees the reimbursement to the City of Virginia Beach Community Development Block Grant Fund in the amount of the funds so disbursed in the event the developers and/or contractors, their heirs, assigns, or successors in interest, fail to comply with any of the terms or conditions of said agreelllent with vnCDC. The bond or letter of credit is to be released upon the satisfactory completion of all terms, clauses. and conditions of the developers and/or collection of the agreement executed by contrac tors. The VBCDC the vnCDC and the agrees to pursue funds so disbursed upon written notification by the City. XX. CONTRACT ENTIRETY: This Agreement is complete in itself and forms the entire agreement between the City and VBCDC. No changes, alterations, or amendments to this Agreement may be made by either party without the express written consent or acceptance of the other party. This Agreement shall be executed in three (3) XXI. COUNTERPARTS: counterparts, each of which shall be deemed to be an original Agreement. One counterpart shall be given to VBCDC and the remaining two (2) counterparts shall be retained ,by the City. 14 . ADDENDUM WHEREAS, under present insurance market conditions the purchase of director's and officer's liability insurance is not available. WHEREAS, the VBCDC is continuing to search for such coverage as identified in Section 2C of Part II of this agreement. NOW THEREFORE, in connection with the purchase and maintenance of directors and officers liability insurance the two parties do mutual~y agree to waive such requirement until coverage is available. CITY OF VIRGINIA BEACH VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION By: Thomas H. Muehlenbeck City Hanager \ ''^''- By: c~. Charles M. President c) IV Date: Date: ~ (-' ~ ~.,',., Teste: Ruth Hodges Smith City Clerk Date: 8/1/86 15 ~ ,. VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION ADMINISTRATION BUDGET 1986 - 1987 I. Salaries VBCDC Administrator Administrative Secretary TOTAL: $35,000 14,000 49,000 II. Employer's Contribution (FICA) vnCDC Administrator Administrative Secretary TOTAL 2,468 987 3.455 III. Travel Out of town/air travel Tolls and Mileage (personal car) (300 miles per month x 12 months x .205) 1,762 738 2,500 10,000 10,000 600 600 600 1,140 1 ,740 IV. Programmatic Implementation Activities TOTAL: V. Advertising Local Media TOTAL: VI. Desk Top Supplies Supplies, printing, postage Telephones (2) TOTAL: VII. Office Equipment Typewriter Maintenance 43 TOTAL: 43 VIII.lnsurance Health Care Employer's Contribution 1,440 ($60 per month x 2 employees x 12 months) Employees - Workmen's Compensation 15,000 and Comprehensive General Liability. Directors - Fidelity Bond. general and Professional Liability. Directors and Officers Liability (or Business Owners Policy). TOTAL: 16 ,440 , IX. Legal/Accounting TOTAL: 2,000 2.000 TOTAL BUDGET 85,778 16 I, I I:TO J ect. Revi~r rate Review of Records Financial Records 1. Co the accounting recorns adequately identify the use of block grant fun(ls (e.g., are expemitures identifi~ acccrrUng to eligihle activity categories under the COBG Progr~~)? 2. I:bes the subrecipient record enCUTbrances or ohligatioos against COBG funds when contracts are executen, purchase orders issued, etc? 3. Are accounting records sUFfCrt~ by source dc::x:'ll'mntation (e.g., invoices, contracts, purchase orners)? 4. roes the financial data sarcpled reconcile with thl:! reFOrts provided the grantee? 5. roes a sFOt check of records reveal any obvious instances where the follONing expenditures were rot necessary or rea.scnable for proper and efficient administration of the program? a. salaries and related costs b. administrati ve services, contracts c. travel experrlitures d. other administrative costs 6. Has the subrecipient requested dra'tl.do...ns fran the letter of credi t in excess of inmediate needs, or for the Rental Rehabilitation Program, folla,...ed the proper pI"'OCedures as outlined in the Cash and Managarent Infomation system? 7. Where there is program incane: a. Are there revenue accounts to record it? b. Is there a procedure to insure all program inCCJ':le is recorded on the revenue account? c. Is all program incane being used according to t.'1e tenns of the agreerrent with the arantee? d. Is prorrram incane being useO hefore qrant funds are requested? 8. What is the latest nate of the subrecipient audit? a. Me all outstarxting audit findings resolved? b. If. the su0red,pient is a ~vernrrent.al entity, noes the audit CO'Tply with 01R Circular A-128? c. r f the subrecipient is a non-prof it entity, does the aLrli t canply with a1B Circular A-lID, Attachrrent F? Recordkeeping 9. Are the recordkeeping requirerrents of the pro;rarn being met by the subrecipient? a. incane verification of beneficiaries, if aFPlicable b. data showing minority, sex, hamicafPed status of beneficiaries c. progress d. payrolls e. procurerrent 10. If jobs were to be created or retaine9 by this project, do the records sh<::Jr.N \oohat kind of jobs ~re created/reuUned and 'ho,..r nany? 11. If the subrecipient reha.~ rental housing using block grant funds, do the records sh::lw that the rent plus utilities followi.119 rehab ......ere affordable to low and rrcderate incare tenants? 12. If the subrecipient rehabed housing under the Rental Pehabilitation Program, do the records ShCM that the rent is at or below ei t..'1er fair market rent or the payment standard for housing vouchers? Project P~"ie'Ner Date Peview of lnan/Gran~ Fil~~ If the suhrecipient is provioing loans or qrants to businesses or innivi~unls, review a ~le of the case files. 1. Is there evidence of an aFPlication for assistance which adequately a. ~escribes the purp::>se of the loan/grant h. gives details on the financial comition of the rorrc:1Ner c. provides cost estirrates 2. Have loan requests been adequately underwritten? 3. Where a loan has been a~roved, has the rorro.r.wer executed a note or ot."er ohligation evidencing the debt'? 4. Are loans adequately secured? 5. Where loans are secured by rrortqage, have rrortgages been prcnptly recorded'? 6. Are notes and related collateral adequately safeguarded (e.g. in a safety dep:>sit box or otner fireprcof, locked container)? 7. I:k:l the project and the borr~ meet the criteria for assistance under the proaram? 8. I:k:l the subrecipi ent 's l:x::cks indicate whether repa}TneI1ts are on sche<:ule? a. I~ a rorro,..oe~ is delinquE'nt, what efforts have 'been T!'8ce to collect overdue payments? tI. r.t:es t}-Ie write-off of an uncoJ1ectible note require prior authorization by a responsible official? 9. Is there any evi~ence of conflict of interest? Interview a sarrple numl"1er of horrowers and visit the project~ on-site. Manaaerrent of Snhrecipients l' Ine>ntify stnff'oI"9anizaticn res]Xlnsit-Je for. rranac".:!"'ent anc supervision of su~rpcipients 2) Estat-l ish mechanism for trai nin<:J' subrP.C'ipients on hC?N to meet c;rrantee anci Fe<iera 1 reoqui rE>r.le11t$ 3' ~termine p:'llicy on payment of grant ft1n~s to subrecipients, verification of expenditures, recordkeepinq ~ use of prograM inCCTle 4) Estal"llish reJXlrtina and data collection systems a . progress b. financial c. benefici aries - incane, mineri ty, SP.X, handica:cr:ed status 5) Establish recordkeef)ina procedures for grantee and sUf\recipients f\) Establish audit procedures 7) Establish contractual agree!"ents wi. th subrecipients a. determine stanc!ard contents of contract induCing specific requir~nts of the block qrant prograM l=l) tetermine rroni tori.ng procedures a. Cevelop rroni torina strateqy 1 ) detennine ~ich subrecipients shouJ d be rroni tored, how often, and in \orhich areas. b. nevelop rroni toring scneeule c. revelop interview foms I fOrT!"ats and requirerre~ts for dOC1.rlentation of visit ci. Fstahlis;, lTlE"tho:! to track findi.nos until rl!solveC t e. neve) op moni torinc file system ?) ~velC"lp a ~tE'!"'! for assessina ef~ecti.vE>ness of suhrecipient and tile acti vi ty r1 Subrecipient Interview Form Intervi~ !ate Project Name ana I.Dcation Startin<;f and Ei1<iiI'l<;f rates of Project Fran: To : Type of Project N;m-.e/Title of Person Intervi~ 1. Cescribe in measurable terms the anticipaterl goals of this project. Prop:lSed Scope of Service I ~b. of People to be Served I Tirre Pericd 2. What are the actual measurable accarplish1'rents of this project to date? Scope of Service/No. of People ServedlTirre Pericd 3. Is the project providing the full scope of services delineaterl in the contract? If not, why not? 4. Is ~e project serving tne projecteri number of people? If not, why not? 5. Who is j'C'ur interred client grC"lUp? Are you servina that group? If the projer.t is not reaching tl,P. inteI'l<1ed client group, ....t1y not? i I I 6. If this project has been designate<'l as a low/m::x:3erate hene~it project, what are the nLJTber ana percentaae of persons served hy the project that are lo.."er inccrne? 7. Is the ,project on schec'3ule? If not, Why not? 8. Is the project operating within the awrove<'l hlrlget? 9. I:bes the project confonn to any aMitional tenns of the contract with the grantee? If not, Why have these changes occurred? 10. If errployees \It,Ork on 00th CDOO eligible ann oon-<:DBG activities, are appropriate tiIre distribution records being kept? 11. Has your agency contracted out any of the \It,Ork to be dcne under this project? a. If yes, Who is the contractor( s)? b. If the permission of the grantee was required, was it grante<'!? 12. What procedure does the subrecipient use for procurE!lTe!lt? Is it consistent with Attachrrent 0 of Circular!; A-102 (governrrental entities) or A-110 (non-profit entities)? 13. If the agency is required to maintain a client file, does it exist? If yes, review a sanple of files if aFpropriate ann retain narres and phcne nl.JTlbers for future fo11(~up. 14. Has the agency su!::mi tten all rep:>rts required by the arantee? Were they suhni. tte<'l on time? Were the reports CO'T'plete and accurate? 15. Is the information revealed by a site visit consistent with the records It'aintained by the agency and with data previously provided to the grantee? ...,~ II; I 3 16. Is the project manager (perSOf"l responsible for carrying out the pro~ect) fami.liar wi th the hasi c requi rerrents establish~ by ~!J) ann the grantee for use of these f\.1l'1rls? 17. Is the project manager locate'! on-site an~ running the day-to-day operation of the prooram? ~ 18. Is the project accarplishing \rrhat it was desianed to do? - 35 - Item II-H.2. ORDINANCES ITEM # 26026 Upon motion by Councilman Heischober, seconded by Councilman Perry, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 38-3 of the Code of the City of Virginia Beach, pertaining to discharge of firearms, air guns, etc. This Ordinance shall be returned to City Council on September 29, 1986 for AMENDMENT concerning the size of the property and redefine section (d) in relation to the large parcel. This Ordinance shall not be EFFECTIVE until September 30, 1986. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None *Verbal Aye il. I AN ORDINANCE TO AMEND AND REORDAIN SECTION 38-3 OF CITY CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO DISCHARGE OF FIREARMS, AIR GUNS, ETC. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 38-3 of the Code of the city of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: (a) It shall be unlawful for any person to discharge any firearm, spring-propelled rifle or pistol or air-propelled rifle or pistol, from or across any land or water north or west of the trace of the line beginning at the intersection of Ei~ew North Landing Road and the Chesapeake-Virginia Beach city boundary line; thence ~er~fteas~waraiy northwardly along Ei~ew North Landing Road to Saiem Indian River Road; thence se~~fteas~waraiy eastwardly along Saiem Indian River Road to Ner~ft na~as~ew~ New Bridge Road; thence northeastwardly along na~as~ew~ New Bridge Road to Pr~~eess--A~~e Sandbridge Road, ~fte~ee se~~fteas~wara%y-aie~~--Pr~~eess--A~~e--Reaa--~e--Sa~a~r~a~e-Reaa; thence eastwardly along Sandbridge Road to its intersection with the Atlantic Ocean, exee~~-~fta~ or across any land north of False Cape State Park and east of Shipps Bay and Point Creek. This prohibition shall not apply to shotguns discharging pellets under the following conditions: (1) On land that is fifty (50 ) acres or more of contiguous area; and (2) Under one ownership; and (3) Used primarily for agricultural purposes; and (4) The landowner has applied for a an annual permit from the eft~e~--e~-~ei~ee city manager to use his property for this purpose, which permit shall be granted by the eft~e~-e~-~ei~ee city manager if the applicant meets the requirements of this section; and III I I (5) The person discharging a shotgun as herein set forth shall, at all times while engaged in such activity, have in his possession written permission from the landowner to discharge such weapon on the premises. ~ All permits currently in existence shall expire on September 30, 1986, and any permit issued after that date shall expire on the next June thirtieth after the date of issuance. (b) Notwithstanding the provisions of subsection (a) (4) above, no permit shall be issued to a landowner if it is determined by the city manager or his duly authorized agent that the issuance of such permit would be detrimental to the public safety, and any permit that has been issued and is in effect may be revoked by the city manager if it is determined by the city manager or his duly authorized agent that conditions have changed since the date of issuance of the permit that cause the continued use of the land for the permitted purpose to be detrimental to the public safety. t~t 121 It shall be lawful to discharge firearms of 22-caliber or less south of the trace line enumerated in subsection (a) subject to the provisions of this section. It shall be unlawful to discharge any firearms greater than 22-caliber any place within the city. tet ~ Notwithstanding any other provisions of this section, it shall be unlawful for any person to discharge any firearm, spring-propelled rifle or pistol or air-propelled rifle or pistol from on, across or within one hundred fifty (150) yards of any building, dwelling, street, sidewalk, alley, roadway or public land or public place within the city limits. tat ~ The prohibitions of this section shall not apply to the operation of a shooting event that is sponsored by an organized group, provided, the written approval of the chief of police as to the safety and location of the event is obtained prior to the event. 2 fe+ ifl Nothing in this section shall be construed to prohibit the discharge of firearms and other weapons by law-enforcement agencies and military forces in the city as part of authorized training or in the performance of their duties. f~t 19l A violation of any provision of this section shall constitute a Class 1 misdemeanor. Adopted by the Council of the City of Virginia Beach, Virginia, on the 15th day of September , 1986. RMB/lmt 09/08/86 Effective September 30, 1986 3 " I - 36 - Item II-I. CONSENT AGENDA ITEM # 26027 Upon motion by Councilwoman Henley, seconded by Councilman Fentress, City Council APPROVED in ONE MOTION Items 1, 2, 4, 5, 6 and 7 of the CONSENT AGENDA. Item 3 was pulled for a separate vote. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 37 - Item II-I. 1. CONSENT AGENDA ITEM # 26028 Upon motion by Councilwoman Henley, seconded by Councilman Fentress, City Council ADOPTED: Resolution authorizing City Manager to execute a City-State Agreement for Project 2-004 Lake Smith Spillway Bridge. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CITY-STATE AGREEMENT FOR PROJECT 2-004 LAKE SMITH SPILLWAY BRIDGE WHEREAS, in August, 1983, the City Council requested that the Virginia Department of Highways and Transportation program the construction of project 2-004 Lake Smith Spillway Bridge with the city providing 5% of the project costs, and WHEREAS, in November, 1985, City Council approved the location and design features of the project and requested the Virginia Department of Highways and Transportation to proceed with advertisement for construction, and WHEREAS, the low bid for the project is $736,727.37 with the city share of the cost at $36,836, and funding for the city's share is available in CIP 2-004 Lake Smith Spillway Bridge. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that the City Manager is hereby authorized and directed to enter into a city-state agreement for the construction of project 2-004 Lake Smith Spillway Bridge. Said agreement is hereby approved and attached as Exhibit "A". This resolution shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on 15th day of September , t9-&5. 1986. // AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANSPORTATION The City of Virginia Beach, Commonwealth of Virginia, hereinafter referred to as VIRGINIA BEACH, and the Commonwealth of Virginia, Department of Highways and Transportation, hereinafter referred to as the DEPARTMEijT, hereby agree as follows: 1. The DEPARTMENT will prosecute a project for the improve~ent of 0.032 miles of Shore Drive within Virginia Beach from Station 554+20.00 to Station 555+90.00 and designated as Route 60, Project 0060-134-104, PE101, RW201, C501, D603, replacement of bridge and approaches at Lake Smith. 2. VIRGINIA BEACH approves the plans as designed nnd requests the DEPARTMENT to submit the project with recommendation that it be approved by the Highway and Transportation Boar'd and agrees that if such project is approved and constructed by the DEPARTMENT, VIRGINIA BEACH, thereafter, at its own expense, will maintain the project, or have it maintained, in a manner satisfactory to the DEPARTMENT or its ~uthorized representatives and will make ample provision each year for such maintenance. 3. VIRGINIA BEACH agrees to comply with all applicable federal, state and local rules, regulations and statutes when 'work is performed on this project with municipal forces or its agent at project expense. 4. VIRGINIA BEACH agrees to comply with Title VI of the Civil Rights Act of 1964 and the Virginia Fair Employment Contracting Act, Sections 2.1-374 through 2.1-376 of the Code of Virginia (1950), as amended. / 5. VIRGINIA BEACH agrees that prison labor will not be used for any purpose whatsoever on this project. 6. VIRGINIA BEACH agrees that the location, form and character of informational, regulatory and warning signs, curb and pavement or other markings and traffic signals, installed or placed by any public authority, or any agency, shall be subject to the approv'l of the DEPARTMENT. 7. VIRGINIA BEACH agrees that the location and installation of utility poles, lighting standards, traffic signal poles or any other facilities installed or placed within the right of way by any publiC authority, or other agency, shall be subject to the approval of the DEPARTMENT. 8. Parking will be prohibited at all times on both sides of this project. 9. Where parking is prohibited, appropriate NO PARKING signs shall be erected. The signs shall conform to the standards as shown in the current edition of the Manual on Uniform Traffic Control Devices. .. 10. VIRGINIA BEACH agrees that after construction of the project, or any part thereof, it will not permit any reduction in the number of or width of traffic lanes, any additional median crossovers or enlargement of existing median crossovers, or any alterations to channelization islands, without the prior written approval of the DEPARTMENT. -2- / 11. VIRGINIA BEACH agrees to participate in the actual cost of this project which includes a special provision fOI" price adjustment in accordance with the following tabulations, understanding that the costs shown are estimated and the percentages will be applied to actual costs: PROJECT COST VIRGINIA BEACH'S SHARE ITFli ESTIMATED COST ! AMOUNT Preliminary Engineering $ 90,000.00 5 $ ,q,500.00 Right of Way 20,000.00 5 1,000.00 Grading, Drainage, Pavement & Incidentals 402,003.02 5 20,100.15 Water Line & Sanitary Sewer Line Adjustment 30,339.60 5 1,516.98 Sta te Forces Construction Signs 5,931.09 5 296.55 Triple 8'x6' Box Culvert (D603) 188,453.66 5 9,422.68 .. Total $736,727.37 $36,836.36 -3- I i I IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of VIRGINIA BEACH on the day of , 19_, and the DEPARTMENT on the day of , 19_ ATTEST: CITY OF VIRGINIA ,BEACH BY BY City Clerk City Manager NOTE: The official signing for the municipality must attach a certified copy of the authority under which this agreement is executed. This agreement is executed in three originals. APPROVED AS TO FORM City Attorney .. APPROVED AS TO CONTENTS I). ~. ,i 1-1-1 ~ SIGNATURE ~~. AJAr, (1 )tu~ DEPARTMENT COMMONWEALTH OF VIRGINIA, DEPARTMENT OF HIGHWAYS AND TRANSPORTATION BY Deputy Commissioner CfllmlED AS TO AVAILABILITY Of fVf'4tJ~ -~ ~. ~_&l'!) ~:, :: ':,r.;, i.:. ~I!:,<:~. Va,-Diroctor 01 fi. '1,', --- ,; if" D.lt. -4- ... a. , ~ n \~ ~~ (;? ~rn -<\0 oj~ .,,\\1'\ -z.\ '1' o~" ~\tn O\CJ) r-:~ '1'< o ~ /~\ ~\ \i , J~ JI I ~ \ \ '--;:::::;/",-j~}d' (1~ _.--.< __r-- "&\ \ ~~ , J;> '\;;:: ------- fl~r" \"cr' l.,:V:?~~ \ U \..-" '~\ \\\' \ () , I I \t I ' \ Ii" ~,' I I I l _ >.\f:--~\ > ) ~ i \~1('~~~~-)1 -----;z / // ) -1 /.1 :) / I ~/' /' 'rJ ,) /v } 0 /if/I/;i ~ rJ ~; '1/ / / p~~ ./ I 'j / \ ;' !('?" 11i/~;~- ~ ; t J I "', ~) :1/ ] / --~,... -' ~" rn to ~~ ..... :-\ .'.- .'~ tf) .1:) .,.... .r: ..~ ~ t~ ... .JJ .,.... " (~ "rn ; ! \'( , ,'" "- \ \ " \\\\,'\ ! " .\ .. >.J \ \ \ ""- \ \\ ~~ II V~ \ '\~-' \ ,\ 2!~ \(>~\l ~ri I II ~ \ ' OJ m I \ ~'1' \1\ I · , , I , ' , ' I \ I \, . \ I , I , ' '\ , \ - " " - 38 - Item II-I. 2 CONSENT AGENDA ITEM # 26029 Upon motion by Councilwoman Henley, seconded by Councilman Fentress, City Council ADOPTED: Resolution to proclaim September 17, 1987 as Constitution Day and announce the intention of Council to appoint a committee to plan acti vi ties in celebration of that day and other appropriate days relating thereto. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None RESOLUTION TO PROCLAIM SEPTEMBER 17, 1987 AS CONSTITUTION DAY AND ANNOUNCE THE INTENTION OF COUNCIL TO APPOINT A COMMITTEE TO PLAN ACTIVITIES IN CELEBRATION OF THAT DAY AND OTHER APPROPRIATE DAYS RELATING THERETO. WHEREAS, 17 September 1987 is the 200th Anniversary of the signing of the United States Constitution; and WHEREAS, the Constitution, as ratified, embodies the ideals of liberty under law and was designed to maintain our free government in perpetuity as a more perfect union and to secure the blessings of liberty by consent of the governed; and WHEREAS, few governments in the world have been able to provide liberty and stability to their citizens under a written constitution for more than a generation; and WHEREAS, the laws adopted under this charter of freedom and the attractive way of life resulting have drawn to our shores citizens from every corner of the world, and provide impressive evidence of the enlightened vision and the wisdom of the drafters of the Constitution; and WHEREAS, the Bicentennial offers the opportunity for the American people to rededicate themselves to the great principles that have formed the basis for our national strength and prosperity; and WHEREAS, it is timely and appropriate for us to keep in our hearts and minds the marvelous achievements of the Constitutional Convention in 1787 and to preserve the Constitutional Republic and the high ideals of our Founding Fathers: NOW, THEREFORE, be it resolved by the Council of the City of Virginia Beach that the 17th day of September 1987 is proclaimed to be United States Constitution Day and hereby announce the intent of Council to appoint a non-partisan ,I, committee to plan proper and appealing activities and programs by which all our citizens can participate in celebrating and commemorating Constitution Day and other dates and events relating thereto. Adopted thi s 1.5.tt.L day of September , 1986 by the Council of the City of Virginia Beach. NEW/tap (bicen.res) 2 - 39 - Item 11-1.3 CONSENT AGENDA ITEM # 26030 Upon motion by Councilman Fentress, seconded by Councilman Baum, City Council WITHDREW FROM THE AGENDA AND STRUCK FROM THE RECORD: Ordinance to AMEND and REORDAIN Chapter 2, Article II, of the Code of the City of Virginia Beach, by adding Section 2-38.l pertaining to reconsideration of vote. Voting: 9-2 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, Vice Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: John D. Moss* and Nancy K. Parker* Council Members Absent: None *Verbal Nay - 40 - Item II-I.4 CONSENT AGENDA ITEM # 26031 Upon motion by Councilwoman Henley, seconded by Councilman Fentress, City Council ADOPTED: Ordinance to transfer appropriations and to establish new capital projects for design of water lines for certain areas with Fifty-One Percent property owner participation. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None c~~+~_~~_ 1C 100L ,AN ORDINANCE TO TRANSFER APPROPRIATIONS AND TO ESTABLISH NEW CAPITAL PRWECTS FOR DESIGN OF WATER LINES FOR CERTAIN AREAS WITH FlFTy-oNE PERCENT PROPERTY <MNER PARTICIPATION WHEREA~, in accordance with the Council Resolution of February lO, 1986, areas served by wells that have attained the required fifty-one percent property owner participation are to be provided water service, and WHEREAS, the Director of Public Utili ties has provided recoomendations to the City Council regarding the construction of water mains to l7 neighborhoods, and W~S, the recommendations presented to the City Council are: *Design and build water projects as soon as possible: 1. Kempsville Colony 5. bouthern Points 2. Trantwood Shores 6. Wooclhurst ~. Wolfsnare Plantation 7. Larkspur 4. Great Neck Estates *Build water projects as soon as possible using Public Utilities personnel: 8. Garden Drive 1~. Gloucester Lane 9. Wolf snare Point l3. Shipps Corner Road lO. Cedar Point Road l4. Wellington Court ll. Culver Lane-Ashmore Dr. *Design and build water and sewer in coordination'with CIP sewer projects: 15. Lakeview Park 17. Lakeside Drive - Poplar pt, 16. Great Neck Point and WHEREAS, in order to proceed, it is necessary to provide $661,500 in appropriations to initiate design contracts, and WHEREAS, the funds required may be provided by the transfer of appropriations fran project #5-304 Small Line Improvements and project #5-306 Water Bequest and Agreanents ill the amouuts of $196,500 aud $465,000, respectively. II, I NOW, THEREFORE, BE rr ORDAINED BY THE COUNCIL 01" THE CITY OF VIRGINIA BEACH that water utility capital projects are, hereby, created for Kernspville Colony, Trantwood Shores, Wolfsnare Plantation, Great Neck Estates, Southern Points, Woodhurst, and Larkspur. AND Bb IT FURTHER ORDAINED that appropriations in the amotIDt of $66l,500 design costs are, hereby, transferred to these projects from project $5-;J04 Small Line Improvements and project #5-306 Water Request and Agreenents in the amounts of $196,500 and $465,000 respectively. AND Bb IT FURTHER ORDAINED THAT, the Ci ty staff is authorized to implement the recommendations in the above whereas clauses, by inclUding the projects in the FY B7-91 Capital Improvement Program. This ordinance shall be effective from the date of its adoption. Adopted by the CotIDcil of the City of Virginia Beach on the 15th day of September 1986. City o:f Virgi:rl.ia Beach. OFFICE OF THE CITY MANAGER (104) 427-4242 MUNICIPAL CENTER VIRGINIA BEACH. VIRGINIA ~2 August 22, 1986 The Honorable Mayor Members of the City Council Municipal Center Virginia Beach, VA 23456 ,. , Dear Council Members: Attached for your review is a recommendation that I have received from the Director of Utilities regarding the design and construction of water mains in n~ighborhoods that reached the required participation level of 51%. At this time, the City staff proposes to submit for Council consideration on September 8 an agenda request to authorize the staff to implement the r~commendation. Sincerely, Thomas~~~ Ci ty Manager It" dsc Attachment . -::::::=---.' ' -" ---. ,--"- , ---- .--...~~-- . .--- --- ~- .. .. ,... "'a !i o ..,0 ..."" 0' \ '0.... '" . e.... ~..... 1~ ;?A ~.1. ~~ i::. \ .. S- Ol ~ ~ .... ~ ~ .... ';' 1 .... .0 ... -- .s i ~ .. 0 0 .... \ eo .. .. &. .. .. " 0- .. 0. \ , , ,'<of:" . ~ , .'.i( "'>, .'J ...; ~ . ': ... U -.t:- .. -; ~ -:. ~ ~ .s .. o .. .. v .:!. o ;\ g ~~ ~ .. ..,. -~~~~ ? o2-~"'" -::: ~",o-...2.", }. ....'%o~c::.... ~ ~'S~~'G~~ ~ ~!~~ ~~~'"t. & eQ~i1I.j5 - I-~ .. 8 . .' . .. '" .. i ~ .. c:> ~ 0." #t ~l~!~ ~ G~ Co :\ ~ "'4i:!5';3 '0 ~O!....~~ec. 0. ~G~3~3~ 'O~ '" 'i& .. 'S .. '; ~ ~ 1tt ~ ~ ~ %.-- :J "'O-..-o....O-~ "'OQ:J~{j.~ ;:. ,5:JOuulj i a .o~r;.;i ""0'.... \ ~ f .. ~tl '" - 0<'\ 0. ..2- c:: . _<l ;:. ,;I. ',:)., ....=- - ~~~ - j '" .. !:1.! ~ ~ ~",.. ~ .. ,,~-' & ;~j -;. 8 ~..Qr- -........ 1 : \\\' . . t\. \ .'~'..i- _ \~ I , .....,i\~.\....,.\'...:;~: i t. \ . . If f\ \ \ , ., "~i;,~ % ~ / ~ ,~ . Ill' . .. . / City of' Virgi:C1ia Beach DEPARTMENT OF PUBL.IC UTIL.ITI ES MUNICIPAL. CENTER VIRGINIA BEACH, VIRGINIA 23456-toOZ DATE: August 22, 1986 SUBJECT: Thomas H. Muehlenbeck DEPARTMENT: Aubrey V. Watts, Jr.O~ DEPARTMENT: Clarence Warnstaff~~ DEPARTMENT: Neighborhood Water Projects Executive TO: THaD: FROM: Executive Public Utilities We offer the following recommendations for providing water service to the 51 neighborhoods that have reached the-51$ required participation level. Attachment 1 to thts memorandum identifies the neighborhoods that reached the required 51$ participation level prior to June 30, 1986 and "locked-in" the water resource recovery fee at $32 per DFU. As noted in Attachment 1, the estimated cost to provide service is approximately $20 million (in 1986 dollars). The recommendations were formulated using the following criteria: 1. Approximately $6 million is available to be appropriated from the water and sewer fund for water projects. 2. There is a definite need to go forward with specific action on n~ighborhood projects. 3. Certain projects are identified in the FY 85-86 ClP. 4. Certain projects can be built using Public Utilities personnel and equipment. 5. Certain projects do not require coordination with a sanitary sewer project. 6. Certain projects should be coordinated and completed along with sanitary sewer projects already scheduled in the elP. 7. Neighborhoods in the Great Neck area appear to have experienced the greatest number of groundwater problems. 8. Additional information is needed to establish priorities tor design and constructioD for most of the neighborhood projects. I I August 22, 1986 Aubrey V. Watts, Jr. Page 2 Subject: Neighborhood Water Projects The recommendations are: A. Appropriate $6 million for neighborhood water projects in the near future. Approximately $800,000 of authorized appropriat10ns is currently available for neighborhood water projects; also, approximately $6 million is available from the Water and Sewer Fund. These funds provide an opportunity to begin the program at this time pending the . availability of additional funding. B. Design and build the following projects as soon as possible: Project 1. Kempsville Colony 2. Trantwood Shores 3. Wolfsnare,Plantation 4. Great Neck Estates 5. Southern Points 6. Woodhurst 7. Larkspur Number of Lots Estimated Water Cost 41 100 203 151 297 . 65 354 $ 215,000 $ 505,000 $ 630,000 $ 487,000 $1,270,000 $ 183,000 $1,120,000 1,211 $4,410,000 It is recommended that we proceed with design and construction for these seven projects as soon as possible. Three of these seven projects (Kempsville Colony, Trantwood Shores, and Wolfsnare Plantation) are identified in the current capital improvement program budget. These neighborhoods were included in the current CIP in anticipation that they would achieve the previously required 75$ participation level during FY 85-86. These neighborhoods have had active petition projects for many years and all three neighborhoods have sanitary sewer service available. Three neighborhoods included above (Great Neck Estates, Southern Points, and Woodhurst) have sanitary sewer service available and are located in the Great Neck area. The Larkspur neighborhood is included because it is located in close proximity to Mt. Trashmore. The findings and II, I Au~ust 22, 1986 Aubrey V. Watts, Jr. Pag~ 3 Subj~ct: Neighborhood Water Projects recommendations of Black & Veatch Engineers in February 1984 state that water quality analyses from domestic wells in Larkspur do not indicate any evidenc~ of contamination. The report stated that some water quality degradation south of Lake Trashmore is likely attributable to sources other than the landfill. While we have no data indicating there are any probl~ms with the groundwater being us~d by the Larkspur residents, the presence of commercial devl3lopment and the landfill prudently suggest this project be included in the first group of neighborhood projects to be constructed. A portion of the Larkspur neighborhood does not have City sewer service; of the 354 lots to be provided water service, 108 lots do not have sewer service. The estimated cost to provide sanitary sewer service to Larkspur is $1.2.million. This estimatdd cost includes sew~r service to 1~4 lots. Funding for providing sanitary sewer service to Larkspur will need to b~ provided (this sewer funding is over and above toe $6.6M required for the water projects recommended in this memo) if water and sewer construction is to be coordinated. A sanitary sewer petition project is currently being conducted by Larkspur residents; thirty-four percent participation has been achieved to date. C. Design and build in coordination with the sanitary sewer projects in the elP schedule: Estimated Cost (Water) Project Number of Lots 1. Lakevi~w P~rk (CIP 6-932) 2. Great Neck Point (CIP 6-942) 3. Lakeside Drive-Poplar Pt Rd (CIP 6-952) 200 125 42 $1,10U,000 $ 730,000 ~ 127,000 367 ~1,957,000 It is recommended that we proceed with both design and construction of these three proj~cts (Lakevi~w Park, Great Neck Point, and LakeSide-Popular Drive) because these three n~ighborhoods are currently included in the CIP program for the construction of sanitary sewer mains. Lakeview Park is now being designed (for sanitary sewer) and is schedul~d for construction in 1987. Great Neck Point is scheduled for design in FY 87/88 and construction in FY 88/89. Lakeside Drive/Poplar Point Road is scheduled for design in FY 86/87 and construction in FY 87/~8. &.'; III I August 22, 1986 Aubrey V. Watts, Jr. Pag~ 4 Subject: Neighborhood Water Projects D. Build the following projects as soon as. possible using Public Utilities personnel and equipment: Estimated Project Number of Lots Cost 1- Garden Dr. 9 $ 40,000 2. Wolfsnare Rd. 9 $ 32,000 3. Cedar Point Rd 6 $ 19,000 4. Culver Lane-Ashmore Dr. 16 ,$ 39,000 5. Gloucester Lane 10 $ 44,000 6. Shipps Corner Rd 6 $ 26,000 7. Wellington Ct 4 $ 12,000 60 .$212.000 It is recommended that we go forward with the construction of these seven projects using Public Utilities personnel and equipment. These projects are expected to take approximately one month each for construction and cost less than $50,000 each. The amount of water mains necessary would be less than 1,000 feet for each project. The construction of these seven projects using Public Utilities personnel would not have an adverse impact upon operations or scheduled ma1ntenance. The costs associated with these seven projects would b~ cuarged to elP funds and not the Uepartwent's operating budget. E. For the remaining 34 neighborhood projects, additional information is needed to establish priorities for design and construction. Information that is needed is as follows: 1. Level of neighborhood interest in desiring water service. 2. Accurate and complete data on the frequency and type of "well failures". 3. Accurate and complete data on "gr'oundwater quality". Public Utilities is providing to the neighborhood civic leagues a questionnaire that will provide additional informa tion to assist in establishinit priori ties. This informa.tion will be compiled and revtewed over the next several months; at that time we will be in a. better II I August 22, 1986 Aubrey V. Watts, Jr. Page 5 Subject: Neighborhood Water Projects position to recommend priorities based on additional information and in cooperation with the Budget Office, recommend options available for financing the remaining projects. Summary The recommendations above provide: *Design and build water projects as soon as possibte: Kempsville Colony Trantwood Shores Wolfsnare Plantation Great Neck Estates Southern Points Woodhurst Larkspur (may also includ~ sewer; sewer petitions being circulated by residents) I *Design and build water and sew~r in coordination with elP sewer projects: Lakeview Pa.rk Great Neck Point Lakeside Drive-Poplar Point *Build water projects as soon as possible using Public Utilities personnel: Garden Drive Wolfsnare Road Cedar Point Road Culver Lane-Ashmore Drive Gloucester Lane Shipps Corner Road Wellington Court *The estimated cost for design and constru.ction of water mains for the 17 projects is $6.6 million. *Recommendations will be forthcoming rega.rding design and construction of the remaining 34 projects as the required additional information is developed. dsc .' WATER SERVICE REQUESTS (CIP 5-306) COST ESTIMATE (1986 DOLLARS) Project Name 'Alanton 'Alfriend's Trail Avalon Terrace 'Be Us Road Bellamy Manor (All) 'Calverton Lane 'Cedar Point Rd. - B. Colony 'Colony Or./Harpers Rd. 'Culver Lane/Ashmore Dr. 'Dwyer Road Garden Drive *Gloucester Lane - (Alanton) Great Neck Estates *Great Neck Point *Green Hill Farms 'Holland Rd. (C. Forest) Kempsville Colony Lagornar Lake Shores 'Lakeside Or./Poplar Pt. Rd. 'Lakeview Park Lakeville Estates 'Larkspur 'Linkhorn Estates 'Little Haven 'Lynndale Estates 'Lynnhaven Acres IOld Great Neck Rd. IReon Drive IRiver Road 'Robbins Corner 'Salem Road - 'A' ISea Breeze Farms Sherry Park Sherry Park East IShipps Corner Road IShorehaven 'South Kentucky Ave. Southern Points Stewart Drive 'Stumpy Lake/Stumpy Lake Lane Trantwood Shores Thoroughgood Weaverville -Wellington Ct. (Alanton) -Witchduck Point 'Witchduck Road Wolfsnare Plantation Wolfsnare Road Woodhurst *Woodland # Lots Cost Little Neck 423 $ 1,910,000 26 93,000 105 430,000 38 115,000 114 402,000 5 74,000 6 19,000 16 120,000 16 39,000 12 68,000 9 40,000 10 44,000 151 487,000 125 730,000 14 69,000 14 149,000 41 215,000 203 875,000 175 750,000 42 127,000 200 1,100,000 Served by Private Water Company 354 1,120,000 93 365,000 70 260,000 33 162,000 76 390,000 8 57,000 45 243,000 64 305,000 30 136,000 60 371,000 600 2,730,000 2,730,000 Served by Private Water Company Served by Private Water Company 6 26,000 84 428,000 7 63,000 297 1,270,000 30 95,000 100 1,670,000 100 505,000 30 149,000 28 137,000 4 12,000 116 503,000 13 55,000 203 630,000 9 32,000 65 183,000 152 376,000 ,.... .\ 260 ,000 162,000 390,000 Great Neck $ 1,910,000 44,000 487,000 730,000 69,000 127,000 365 ,000 57,000 305,000 428,000 1,270,000 505,000 12,000 630,000 32,000 183,000 4,422 Lots $20,129,000 $ 3,542,000 $ 7,154,000 Totals , City sewer service generally not available in this area. :S:'T)(/' - 41 - Item II-I. 5. CONSENT AGENDA ITEM # 26032 Upon motion by Councihvoman Henley, seconded by Councilman Fentress, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of City property utilized for drainage canal to west branch of Lynnhaven River to Manny Arias and Nancy H. Arias. The following conditions shall be required: 1. The owner agrees to remove the encroachment when notified by the City of Virginia Beach, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None ,I, Requested By Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF CITY PROPERTY UTILIZED FOR DRAINAGE CANAL TO W. BRANCH OF LYNNHAVEN RIVER TO MANNY ARIAS AND NANCY H. ARIAS, HUSBAND AND WIFE, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, Manny Arias and Nancy H. Arias, husband and wife, their assigns and successors in title are authorized to construct and maintain a temporary encroachment into City property utilized for drainage canal to W. Branch of Lynnhaven River. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a future boatlift and that said encroachment shall be constructed and maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of City property utilized for drainage canal to W. Branch of Lynnhaven River, on the certain plat entitled: "PROPOSED WOOD DOCK & HOIST IN DRAINAGE CANAL TO W. BRANCH OF LYNNHAVEN RIVER VIRGINIA BEACH, VA.," and prepared by Gallup Surveyors & Engineers, Ltd. a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to Manny Arias and Nancy H. Arias, husband and wife, their heirs, assigns and successors in title and that within thirty 30 days after such notice is given, said encroachment shall be removed from City property utilized for drainage and that Manny Arias and Nancy H. Arias, husband and wife, their heirs, assigns and successors in title shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that Manny Arias, and Nancy H. Arias, husband and wife, their assigns and successors in title shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses, and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that Manny Arias and Nancy Arias, husband and wife, execute an agreement with the City of Virginia Beach encompassing the afore-mentioned provisions. Adopted by the Council of the City of Virqinia Beach, Virginia, on the ~ day of SeptQmber , 1986-. CLL/rab 5/23/86 (29D) APPROVED AS TO CO~~Tcl-rIS I [ , ..., SfC:..:AP:-;'" Dj.:"". . APPRU/[D j':,,~'" '.'; . 1';;\1. -2- I' III ~\F _____.. .......... ,?p.Oi'e~i"i' OF ~- ........ G\tp..<:.~ CON~TtL\J<:'iION ~ ~l"''''''''' ~O- ,VA, ~ /A,a ---- -'::::"~.fJ1:i' .,.Ie . l~ ---- .~ ~ ',v, 0 "'(0 MtS "'1-/ 0 ~ --~~ "7'1 RA'f>4'''\ '" P, >I "<:Oe- . ' . ~~ e~A.,',,;__~" 0,1 , RfMO\l6 a'l(~~ , ....\.b.: rf~ OF eXIST, O~I( 1- P"RO\' , I-\oISf ,.:...'... .' Ie ~IU:5<:rYP) It.o' · .;" .\' ---:.s' ' .... -.,l~' r ~/""....--. ~ . ~- "- " ~ 5., r- LoT ~ PIN .iI' ~ I o ftJl ^I . rf'. ~O' , ~;' o-~~~. ~"?-+ ~\,; ~ . -<- ,c, ~O J ~O.~ . /Q -z1,.1'~ ~ t\,v L ,<NN f\ NOS DP.TUI/\: t..'\ SL -;. 0.00 A.D.J oWNElt~ :I L.v'" ~, \\C\~(t..J "". ~<:'O"'O'C'l"\'l5 ~ i.l.il 1r \.tf ';'1?>-l{)cn$ t<). ~<~Cj. 'DGI\~\.:\ "". m.lo~q, 1l.hl\ D. tq..\~" s+r",tfMql\l A"loS '"'- --- --- c.ortl' - -.... ........... ~ - to <!~ ~~ . ", t'lfl..r: WV(J(') p~1( <.6"';1.<4 ') - - ~ '" .~, y "" ~~ O~___ ...... . Toe- OF fi:O~ =" , ~ "'e)(I!>T.' wOuD WA\,.lC" ... :---~ ";1I033';l~"~. . ..~ 150.S' / \ \ I I \ \ LoT" '" I. I 0 ry , of;, ,so ;t.S" 0 ,..-... ~J "-- ' .50 I ~CAU; \'1;: 50' Gallup SurVeyors & Engineers, Ltd. 325 First Colonial Road VIRGINIA BEACH, VIRGINIA 23454 Phone 428-8132 geF: LoT'" - SE.c.T, '3 - LYNI='16Li) VI.e.,,1 P,Ar PRoPOSEO WoOD DOCI< (, HotS! It-! DQAINA(.E <:.ANA I.. j 0 W. BRANCH OF L.YNN~VefJ ~1"eR. VIIt~INI p. ~EAC.H) VA , .2" :rAN I<\,S6 ~ev. :2 I AI,) (;, ._1'l.3 5:.._________.__ ~I:l~_~r_ _Lor I I::'a.,t:1"P .d_...,_ -<,...1 PLAM View "-'P+-lt-ly 'KAt.15AS 1408 HIc.~'Mtl.1--l t)\I., V I rz bl...,) 116, 8E'f't<',f/, V ~ . fA...II .-" ...Il.L.............._ .., - 42 - Item II-I. 6 CONSENT AGENDA ITEM # 26033 Upon motion by Councilwoman Henley, seconded by Councilman Fentress, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of the Right-of-Way of Salem Road to Salem United Methodist Church. The following conditions shall be required: 1. The owner agrees to remove the encroachment when notified by the City of Virginia Beach, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. 4. The owner must submit, and have approved, a traffic control plan before commencing work within the City's right-of-way. 5. A highway permit must be obtained and a bond posted prior to commencing work within the City's right- of-way. 6. No open cut of the public roadway shall be allowed except under extreme circumstances; such exceptions shall be submitted to the Highway Division for final appoval. 7. An engineer's estimate must be submitted to the Public Works/Business Office and approved prior to issuance of a highway permit. 8. The contractor must show proof of $300,000 (minimum) liability insurance (Certificate of Insurance) when applying for his permit. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None 0~_~~_~__ 1C 1noL ~ ...-r, 0 L;.' -' !;: 0 " UJ I- ) ~ If) '5 ...:( <<: 0 fl. ," I '~J l..!.J Cl ..~ 0 O~ Ct.. C!_ < AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF SALEM ROAD TO SALEM UNITED METHODIST CHURCH, ITS ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, the Salem United Methodist Church, its assigns and successors in title are authorized to construct and maintain a temporary encroachment into a portion of the City's right-of-way of S a I e m Ro ad. That the temporary encroachment herein authorized is for the purpose of a private sanitary sewer force main to serve the church at 2057 Salem Road and that said encroachment shall be constructed in accordance with the City of Virginia Beach Public Works Department's specifications as to sizet alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as Salem Road, as shown on that certain plat entitled: "ENCROACHMENT PLAT OF 1 1/4" PVC FORCE MAIN FOR SALEM UNITED METHODIST CHURCH KEMPSVILLE BOROUGH VIRGINIA BEACH, VA.," a copy of which is on file in the Virginia Beach Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to any officer of Salem United Methodist Church, its assigns and successors in title and within thirty (30) days after such notice is given, said encroachment shall be removed from the City's right-of-way of Salem Road by the United Methodist Church and that the United Methodist Church, its assigns and successors shall bear all costs and expenses of such removal. And PROVIDED FURTHER. that it is expressly understood and agreed that the Salem United Methodist Church, its assigns and successors in title shall indemnify, hold harmless, and defend the City of Virginia Beach, its agents and employees from and against all claims, damages, losses, and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment; and PROVIDED FURTHER, this ordinance shall not be in effect until such time that the Salem United Methodist Church executes an agreement with the City of Virginia Beach encompassing the afore-mentioned provisions and other provisions deemed appropriate by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the 15th day of September . 1 9 86 . CLL/rab 7/8/86 (CLL.2) -2- II, I ---... - - "----' 'Z.~ \ GRINDER PUMP STATION \ 560'-1 1/411 FORCE MAIN ..r-, -- I I -- --""'....._J ENCROACHMENT AREA Salem Church (M.B. 101 PQ. 3211) SALEM RD. (VAR. R/W) RIGHT OF WAY DEDICATION TIE INTO EXIST. MANHOLE ~ ~ t;~ 0..0 -;no _0 ~ -'~ ~ ENCROACHMENT PLAT OF 11/4" PVC FORCE MAIN FOR SALEM UNITED METHODIST CHURCH KEMPSVLLE BOROUGH VIRGINIA BEACH, VA. ZONED: R-5 MILLER. SfEPHENSON & ASSOCIATES. ec. ENGINEERS, SURVEYORS & PLANNERS 204 GRAYSON ROAD, VIRGINIA BEACH, VIRGINIA 23462 (804) 490-9264 DATE: 5-16-86 SCALE: ,II =Iod OWN. BY: L OJ MAP BOOK PG. N.'>6676 J079 - 43 - Item II-I. 7 CONSENT AGENDA ITEM # 26034 Upon motion by Councilwoman Henley, seconded by Councilman Fentress, City Council APPROVED: RAFFLE PERMIT: Kiwanis Club of Lynnhaven Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None ~~n+~mh~~ 1~_ 1QRh - 44 - Item II-J.1. APPOINTMENT ITEM # 26035 Mayor Jones ANNOUNCED APPOINTMENTS to the SCHOOL SITE SELECTION COMMITTEE: Councilman John A. Baum Councilman Albert W. Balko c__+__~~_ 1~ 1noL - 45 - Item II-K. 1 . UNFINISHED BUSINESS ITEM # 26036 ADD-ON Vice Mayor Oberndorf expressed appreciation and compliments to Thomas Muehlenbeck, the City Manger; Pamela Lingle, Director of Public Information; and, the entire staff concerning the dedication of the Scenic Waterway at Munden Point Park. (""I ~ _..L ~,_ _ ... /"" ... An/ - 46 - Item II-K.2. UNFINISHED BUSINESS ITEM # 26037 ADD-ON Mrs. Cassandra Barnes expressed appreciation to John Herzke and his staff for maintaining the Mayflower Seaside Light. - 47 - Item II-M.1 RECESS INTO EXECUTIVE SESSION ITEM # 26038 In accordance with Section 2.1-344, Code of Virginia, as amended, and upon motion by Councilman Moss, seconded by Councilwoman Parker, City Council RECESSED into EXECUTIVE SESSION for discussion of Legal Matters, after which to adjourn (7:35 P.M.) 3. LEGAL MATTERS: Consultation with legal counselor briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Voting: 11-0* Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None Verbal Vote "__L__L___ ~r ~nn/ - 48 - Item II-N. 1 ADJOURNMENT ITEM # 26039 Upon motion by Councilman Baum and BY ACCLAMATION City Council ADJOURNED the Meeting at 8:10 P.M. ~o. e?~' Chief Deputy City Clerk ~kv~~~ uth Hodges Smith, CMC City Clerk City of Virginia Beach Virginia